SB 2156                                         Second Engrossed
       
       
       
       
       
       
       
       
       20112156e2
       
    1                        A bill to be entitled                      
    2         An act relating to governmental reorganization;
    3         transferring the functions and trust funds of the
    4         Agency for Workforce Innovation to other agencies;
    5         transferring the Office of Early Learning Services to
    6         the Department of Education; transferring the Office
    7         of Unemployment Compensation to Jobs Florida;
    8         transferring the Office of Workforce Services to Jobs
    9         Florida; transferring the functions and trust funds of
   10         the Department of Community Affairs to other agencies;
   11         transferring the Florida Housing Finance Corporation
   12         to Jobs Florida; transferring the Division of Housing
   13         and Community Development to Jobs Florida;
   14         transferring the Division of Community Planning to
   15         Jobs Florida; transferring the Division of Emergency
   16         Management to the Executive Office of the Governor and
   17         renaming it as the “Office of Emergency Management”;
   18         transferring the Florida Building Commission to the
   19         Department of Business and Professional Regulation;
   20         transferring the responsibilities under the Florida
   21         Communities Trust to the Department of Environmental
   22         Protection; transferring the responsibilities under
   23         the Stan Mayfield Working Waterfronts program to the
   24         Department of Environmental Protection; transferring
   25         functions and trust funds of the Office of Tourism,
   26         Trade, and Economic Development in the Executive
   27         Office of the Governor to Jobs Florida; providing
   28         legislative intent with respect to the transfer of
   29         programs and administrative responsibilities;
   30         providing for a transition period; providing for
   31         coordination between the Agency for Workforce
   32         Innovation, the Department of Community Affairs, and
   33         the Office of Tourism, Trade, and Economic Development
   34         and other state agencies to implement the transition;
   35         requiring that the Governor appoint a representative
   36         to coordinate the transition plan; requiring that the
   37         Governor submit information and obtain waivers as
   38         required by federal law; authorizing the Governor to
   39         transfer funds and positions between agencies upon
   40         approval from the Legislative Budget Commission to
   41         implement the act; directing the nonprofit entities to
   42         enter into a plan for merger; transferring the
   43         functions of Space Florida to the Jobs Florida
   44         Partnership, Inc.; providing legislative intent with
   45         respect to the merger of Enterprise Florida, Inc., the
   46         Florida Sports Foundation Incorporated, the Florida
   47         Tourism Industry Marketing Corporation d/b/a VISIT
   48         Florida, and the Florida Black Business Investment
   49         Board, Inc., into and the transfer of Space Florida to
   50         the Jobs Florida Partnership, Inc.; providing for a
   51         transition period; requiring that the Governor appoint
   52         a representative to coordinate the transition plan;
   53         providing for the transfer of any funds held in trust
   54         by the entities to be transferred to the Jobs Florida
   55         Partnership, Inc., to be used for their original
   56         purposes; requiring that the Governor submit
   57         information and obtain waivers as required by federal
   58         law; providing a directive to the Division of
   59         Statutory Revision to prepare conforming legislation;
   60         creating s. 14.2016, F.S.; establishing the Office of
   61         Emergency Management as a separate budget entity
   62         within the Executive Office of the Governor; providing
   63         for the director of the office to serve at the
   64         pleasure of the Governor; amending s. 20.15, F.S.;
   65         establishing the Division of Early Learning within the
   66         Department of Education; providing for the office to
   67         administer the school readiness system and the
   68         Voluntary Prekindergarten Education Program; creating
   69         s. 20.60, F.S.; creating Jobs Florida as a new
   70         department of state government; providing for the
   71         commissioner of Jobs Florida to be appointed by the
   72         Governor and confirmed by the Senate; establishing
   73         divisions of Jobs Florida and specifying their
   74         responsibilities; providing for Jobs Florida to serve
   75         as the designated agency for the purposes of federal
   76         workforce development grants; authorizing Jobs Florida
   77         to contract for training for employees of
   78         administrative entities and case managers of
   79         contracted providers; specifying that the Unemployment
   80         Appeals Commission is not subject to control,
   81         supervision, or direction from Jobs Florida;
   82         specifying the responsibilities of the commissioner of
   83         Jobs Florida; limiting the amount of the
   84         commissioner’s public remuneration; specifying powers
   85         and responsibilities of the Chief Inspector General in
   86         the Executive Office of the Governor with respect to
   87         Jobs Florida; providing for Jobs Florida to have an
   88         official seal; providing for Jobs Florida to
   89         administer the role of state government with respect
   90         to laws relating to housing; authorizing Jobs Florida
   91         to adopt rules; amending s. 112.044, F.S.; requiring
   92         an employer, employment agency, and labor organization
   93         to post notices required by the United States
   94         Department of Labor and the United States Equal
   95         Employment Opportunity Commission; amending s.
   96         163.3164, F.S.; redefining the terms “state land
   97         planning agency” and “optional sector plans”; amending
   98         ss. 163.3177 and 163.3180, F.S.; deleting the word
   99         “optional” from the phrase “optional sector plans” to
  100         conform to changes made by the act; amending s.
  101         163.3184, F.S.; creating exceptions to requirements
  102         for comprehensive plan amendments to be reviewed by
  103         the state land planning agency; requiring the state
  104         land planning agency to submit a copy of a
  105         comprehensive plan or plan amendment that relates to
  106         or includes a public schools facilities element to the
  107         Department of Education; amending s. 163.3191, F.S.;
  108         creating exceptions to requirements for a local
  109         government to prepare an evaluation and appraisal
  110         report to assess progress in implementing the local
  111         government’s comprehensive plan; deleting requirements
  112         for a local government to include in an evaluation and
  113         appraisal report certain statements to update a
  114         comprehensive plan; deleting a requirement for a local
  115         government to provide a proposed evaluation and
  116         appraisal report to certain entities and interested
  117         citizens; deleting provisions relating to a
  118         requirement for a local government to adopt an
  119         evaluation and appraisal report; providing for the
  120         report to be submitted as data and analysis in support
  121         of the amendments based on evaluation and appraisal
  122         report; deleting provisions relating to the delegation
  123         of the review of evaluation and appraisal reports;
  124         authorizing the state land planning agency to
  125         establish a phased schedule for adoption of amendments
  126         based on an evaluation and appraisal report; deleting
  127         a requirement for the state land planning agency to
  128         review the evaluation and appraisal report process and
  129         submit a report to the Governor and the Legislature
  130         regarding its findings; amending s. 163.3245, F.S.;
  131         renaming optional sector plans as sector plans;
  132         increasing the minimum size of geographic areas that
  133         qualify for the use of sector plans; revising
  134         terminology relating to such plans; deleting obsolete
  135         provisions; renaming long-term conceptual buildout
  136         overlays as long-term master plans; revising the
  137         content required to be included in long-term master
  138         plans and detailed specified area plans; requiring
  139         identification of water development projects and
  140         transportation facilities to serve future development
  141         needs; exempting certain developments from the
  142         requirement to develop a detailed specific area plan;
  143         providing that detailed specific area plans shall be
  144         adopted by local development orders; requiring that
  145         detailed specific area plans include a buildout date
  146         and precluding certain changes in the development
  147         until after that date; authorizing certain development
  148         agreements between the developer and the local
  149         government; providing for continuation of certain
  150         existing land uses; amending s. 163.3246, F.S.;
  151         deleting the word “optional” from the phrase “optional
  152         sector plans” to conform to changes made by the act;
  153         amending s. 163.32465, F.S.; making the alternative
  154         state review of comprehensive plan amendments
  155         applicable statewide; amending s. 215.559, F.S.;
  156         providing for the Hurricane Loss Mitigation Program to
  157         be housed within the Office of Emergency Management;
  158         extending the repeal date of the program; deleting an
  159         obsolete provision relating to the use of funds for
  160         programs to retrofit certain existing hurricane
  161         shelters; creating s. 288.005, F.S.; defining the
  162         terms “economic benefits” and “commissioner”; creating
  163         s. 288.048, F.S.; creating the incumbent worker
  164         training program within Jobs Florida; providing for
  165         the program to provide preapproved, direct, training
  166         related costs; providing for the administration of the
  167         program by Jobs Florida in conjunction with Workforce
  168         Florida, Inc.; amending s. 288.061, F.S.; providing
  169         for Jobs Florida and the Jobs Florida Partnership,
  170         Inc., to review applications for state economic
  171         development incentives; authorizing Jobs Florida to
  172         enter into an agreement with an applicant relating to
  173         all incentives offered by the state; amending s.
  174         288.095, F.S.; providing for the Economic Development
  175         Incentives account to be used for certain economic
  176         development incentives programs; providing for Jobs
  177         Florida to approve applications for certification or
  178         requests for participation in certain economic
  179         development programs; amending s. 288.1081, F.S.;
  180         providing for the Economic Gardening Business Loan
  181         Pilot Program to be administered by Jobs Florida;
  182         deleting provisions providing for certain funds to be
  183         deposited into the General Revenue Fund; deleting
  184         provisions that provide for the future repeal of the
  185         program; amending s. 288.1082, F.S.; providing for the
  186         Economic Gardening Technical Assistance Pilot Program
  187         to be administered by Jobs Florida; requesting the
  188         Division of Statutory Revision to rename part VII of
  189         ch. 288, F.S., as “Jobs Florida Partnership, Inc.”;
  190         amending s. 288.901, F.S.; creating the Jobs Florida
  191         Partnership, Inc., as a nonprofit corporation;
  192         specifying that the partnership is subject to the
  193         provisions of chs. 119 and 286, F.S.; specifying that
  194         the partnership’s board of directors is subject to
  195         certain requirements in ch. 112, F.S.; specifying the
  196         purposes of the partnership; creating the board of
  197         directors for the partnership; naming the Governor as
  198         chair of the board of directors; specifying
  199         appointment procedures, terms of office, selecting a
  200         vice chairperson, filling vacancies, and removing
  201         board members; providing for the appointment of at
  202         large members to the board of directors; specifying
  203         terms; allowing the at-large members to make
  204         contributions to the partnership; specifying that the
  205         commissioner of Jobs Florida and the chairs of the
  206         advisory councils for each division shall serve as ex
  207         officio, nonvoting members of the board of directors;
  208         specifying that members of the board of directors
  209         shall serve without compensation, but are entitled to
  210         reimbursement for all reasonable, necessary, and
  211         actual expenses as determined by the board of
  212         directors; amending s. 288.9015, F.S.; specifying the
  213         powers of the partnership and the board of directors;
  214         authorizing liberal construction of the partnership’s
  215         statutory powers; prohibiting the partnership from
  216         pledging the full faith and credit of the state;
  217         allowing the partnership to indemnify, purchase, and
  218         maintain insurance on its board members, officers, and
  219         employees; amending s. 288.903, F.S.; specifying the
  220         duties of the partnership; amending s. 288.904, F.S.;
  221         providing for legislative appropriations; requiring a
  222         private match equal to at least 35 percent of the
  223         appropriation of public funds; specifying potential
  224         sources of private funding; directing the board of
  225         directors to develop annual budgets; providing for the
  226         partnership to enter into an agreement with Jobs
  227         Florida; requiring performance measures; requiring
  228         review of the partnership’s activities as a return on
  229         the public’s financial investment; directing the
  230         partnership to consult with the Office of Economic and
  231         Demographic Research when hiring an economic analysis
  232         firm to prepare the return on investment analysis and
  233         when hiring a survey research firm to develop, analyze
  234         and report on the results of its customer satisfaction
  235         survey; amending s. 288.905, F.S.; directing the
  236         partnership’s board of directors to hire a president,
  237         who shall serve at the pleasure of the Governor;
  238         defining the president’s role and responsibilities;
  239         specifying that no employee of the partnership shall
  240         earn more than the Governor, but provides for the
  241         granting of performance-based incentive payments to
  242         employees that may increase their total compensation
  243         in excess of the Governor’s; amending s. 288.906,
  244         F.S.; requiring the partnership to prepare an annual
  245         report by December 1 of each year; specifying the
  246         content of the annual report; creating s. 288.907,
  247         F.S.; requiring the partnership to create an annual
  248         incentives report; specifying the required components
  249         of the report; amending s. 288.911, F.S.; requiring
  250         the partnership to promote and market this state to
  251         businesses in target industries and high-impact
  252         industries; creating s. 288.912, F.S.; requiring that
  253         certain counties and municipalities annually provide
  254         to the partnership an overview of certain local
  255         economic development activities; creating s. 288.92,
  256         F.S.; specifying divisions within the partnership;
  257         providing for hiring of staff; requiring each division
  258         to have a 15-member advisory council; specifying
  259         selection and appointments to the advisory council;
  260         creating s. 288.921, F.S.; creating the Division of
  261         International Trade and Business Development;
  262         specifying its responsibilities; providing for
  263         administration of a grant program; specifying minimum
  264         responsibilities of the advisory board; requiring an
  265         annual report; creating s. 288.922, F.S.; creating the
  266         Division of Business Retention and Recruitment;
  267         specifying its responsibilities; specifying minimum
  268         responsibilities of the advisory board; requiring an
  269         annual report; creating s. 288.923, F.S.; creating the
  270         Division of Tourism Marketing; providing definitions;
  271         specifying the division’s responsibilities and duties,
  272         including a 4-year marketing plan; specifying minimum
  273         responsibilities of the advisory board; requiring an
  274         annual report; creating s. 288.925, F.S.; creating the
  275         Division of Minority Business Development; specifying
  276         the division’s responsibilities and duties; requiring
  277         an annual report; specifying minimum responsibilities
  278         of the advisory council; transferring, renumbering,
  279         and amending s. 288.1229, F.S.; creating the Division
  280         of Sports Industry Development; specifying the
  281         division’s responsibilities; requiring an annual
  282         report; specifying minimum responsibilities of the
  283         advisory board; advisory board; amending s. 290.0055,
  284         F.S.; authorizing certain governing bodies to apply to
  285         Jobs Florida to amend the boundary of an enterprise
  286         zone that includes a rural area of critical economic
  287         concern; providing a limitation; authorizing Jobs
  288         Florida to approve the amendment application subject
  289         to certain requirements; requiring that Jobs Florida
  290         establish the effective date of certain enterprise
  291         zones; creating s. 290.00726, F.S.; authorizing Martin
  292         County to apply to Jobs Florida for designation of an
  293         enterprise zone; providing application requirements;
  294         authorizing Jobs Florida to designate an enterprise
  295         zone in Martin County; providing responsibilities of
  296         Jobs Florida; amending s. 409.942, F.S.; deleting
  297         requirements that Workforce Florida, Inc., establish
  298         an electronic transfer benefit program; amending s.
  299         411.0102, F.S.; requiring each participating early
  300         learning coalition board to develop a plan for the use
  301         of child care purchasing pool funds; amending s.
  302         1002.73, F.S.; requiring the Department of Education
  303         to administer the operational requirements of the
  304         Voluntary Prekindergarten Education Program; requiring
  305         the Department of Education to adopt procedures
  306         governing the administration of the Voluntary
  307         Prekindergarten Education Program by the early
  308         learning coalitions and school districts; requiring
  309         the Department of Education to adopt procedures for
  310         the distribution of funds to early learning
  311         coalitions; amending ss. 11.45, 14.20195, 15.18,
  312         15.182, 16.615, 39.001, 45.031, 69.041, 112.3135,
  313         119.071, 120.80, 125.01045, 159.803, 159.8081,
  314         159.8083, 161.54, 163.03, 163.3178, 163.3221, 163.360,
  315         166.0446, 175.021, 186.504, 186.505, 202.037, 212.08,
  316         212.096, 212.097, 212.098, 212.20, 213.053, 215.5586,
  317         216.136, 216.292, 216.231, 218.64, 220.03, 220.183,
  318         220.191, 222.15, 250.06, 252.32, 252.34, 252.35,
  319         252.355, 252.3568, 252.36, 252.365, 252.37, 252.371,
  320         252.373, 252.38, 252.385, 252.40, 252.41, 252.42,
  321         252.43, 252.44, 252.46, 252.55, 252.60, 252.61,
  322         252.82, 252.83, 252.85, 252.86, 252.87, 252.88,
  323         252.936, 252.937, 252.943, 252.946, 255.099, 259.035,
  324         260.0142, 272.11, 282.34, 282.709, 287.09431,
  325         287.09451, 287.0947, 288.012, 288.017, 288.018,
  326         288.019, 288.021, 288.035, 288.047, 288.065, 288.0655,
  327         288.0656, 288.06561, 288.0657, 288.0658, 288.0659,
  328         288.075, 288.1045, 288.106, 288.107, 288.108,
  329         288.1083, 288.1088, 288.1089, 288.1095, 288.1162,
  330         288.11621, 288.1168, 288.1169, 288.1171, 288.122,
  331         288.12265, 288.124, 288.1251, 288.1252, 288.1253,
  332         288.1254, 288.386, 288.7011, 288.7015, 288.705,
  333         288.706, 288.7094, 288.7102, 288.714, 288.773,
  334         288.774, 288.776, 288.7771, 288.816, 288.809, 288.826,
  335         288.95155, 288.955, 288.9519, 288.9520, 288.9603,
  336         288.9604, 288.9605, 288.9606, 288.9614, 288.9624,
  337         288.9625, 288.975, 288.980, 288.984, 288.9913,
  338         288.9914, 288.9916, 288.9917, 288.9918, 288.9919,
  339         288.9920, 288.9921, 290.004, 290.0055, 290.0056,
  340         290.0065, 290.0066, 290.00710, 290.0072, 290.00725,
  341         290.0073, 290.0074, 290.0077, 290.014, 311.09, 311.11,
  342         311.115, 311.22, 320.08058, 331.302, 331.3081,
  343         331.369, 339.08, 339.135, 364.0135, 377.703, 377.711,
  344         377.712, 377.804, 380.031, 380.06, 380.115, 380.285,
  345         381.0054, 381.0086, 381.7354, 381.855, 383.14,
  346         402.281, 402.45, 402.56, 403.42, 403.7032, 403.973,
  347         409.017, 409.1451, 409.2576, 409.944, 409.946, 411.01,
  348         411.0101, 411.01013, 411.01014, 411.01015, 411.0103,
  349         411.0104, 411.0106, 411.011, 411.226, 411.227, 414.24,
  350         414.40, 414.295, 414.411, 420.631, 420.635, 429.907,
  351         440.12, 440.15, 440.381, 440.385, 440.49, 443.012,
  352         443.036, 443.041, 443.051, 443.071, 443.091, 443.101,
  353         443.1113, 443.1115, 443.1116, 443.1215, 443.1216,
  354         443.1217, 443.131, 443.1312, 443.1313, 443.1315,
  355         443.1316, 443.1317, 443.141, 443.151, 443.163,
  356         443.171, 443.1715, 443.181, 443.191, 443.211, 443.221,
  357         445.002, 445.003, 445.004, 445.006, 445.007, 445.009,
  358         445.016, 445.024, 445.0325, 445.038, 445.045, 445.048,
  359         445.049, 445.051, 445.056, 446.41, 446.44, 446.50,
  360         446.52, 448.109, 448.110, 450.161, 450.191, 450.31,
  361         464.203, 468.529, 469.002, 469.003, 489.1455,
  362         489.5335, 526.143, 526.144, 551.104, 553.62, 570.248,
  363         570.96, 597.006, 624.5105, 625.3255, 627.0628,
  364         657.042, 658.67, 768.13, 943.03, 943.03101, 943.0311,
  365         943.0312, 943.0313, 944.012, 944.708, 944.801, 945.10,
  366         985.601, 1002.375, 1002.53, 1002.55, 1002.61, 1002.63,
  367         1002.67, 1002.69, 1002.71, 1002.72, 1002.77, 1002.79,
  368         1003.491, 1003.492, 1003.493, 1003.575, 1003.4285,
  369         1003.493, 1004.226, 1004.65, 1004.77, 1004.78,
  370         1008.39, 1008.41, 1011.76, and 1012.2251, F.S.;
  371         conforming provisions to changes made by the act;
  372         conforming cross-references; deleting obsolete
  373         provisions; amending s. 411.01(4), F.S., to ensure the
  374         Department of Education provides preservation of
  375         parental choice; amending s. 1002.67, F.S., to provide
  376         for private prekindergarten providers or public
  377         schools that are on probation to use a staff
  378         development plan to strengthen instruction in language
  379         development and phonological awareness approved by the
  380         department; transferring, renumbering, and amending
  381         ss. 20.505 and 1004.99, F.S.; conforming provisions to
  382         changes made by the act; repealing s. 14.2015, F.S.,
  383         which relates to the creation of the Office of
  384         Tourism, Trade, and Economic Development; repealing s.
  385         20.18, F.S., which relates to the creation of the
  386         Department of Community Affairs; repealing s. 20.50,
  387         F.S., which relates to the creation of the Agency for
  388         Workforce Innovation; repealing ss. 255.551, 255.552,
  389         255.553, 255.5535, 255.555, 255.556, 255.557,
  390         255.5576, 255.558, 255.559, 255.56, 255.561, 255.562,
  391         and 255.563, F.S., which relates to the abatement of
  392         asbestos in state buildings; repealing s. 287.115,
  393         F.S., which relates to a requirement for the Chief
  394         Financial Officer to submit a report on contractual
  395         service contracts disallowed; repealing s. 288.038,
  396         F.S., which relates to agreements appointing county
  397         tax collectors as an agent of the Department of Labor
  398         and Employment Security for licenses and other similar
  399         registrations; repealing s. 288.063, F.S., which
  400         relates to contracts for transportation projects with
  401         the Office of Tourism, Trade, and Economic
  402         Development; repealing ss. 288.1221, 288.1222,
  403         288.1223, 288.1224, 288.1226, and 288.1227, F.S.,
  404         which relate to the Florida Commission on Tourism and
  405         the Florida Tourism Industry Marketing Corporation;
  406         repealing ss. 288.7065, 288.707, 288.708, 288.709,
  407         288.7091, and 288.712, F.S., which relate to the Black
  408         Business Investment Board; repealing s. 288.12295,
  409         F.S., which relates to a public records exemption for
  410         donors for a direct support organization on promotion
  411         and development of sports-related industries and
  412         amateur athletics; repealing s. 288.90151, F.S., which
  413         relates to return on investment from activities of
  414         Enterprise Florida, Inc.; repealing s. 288.9415, F.S.,
  415         which relates to Enterprise Florida, Inc., and
  416         international trade grants; repealing s. 288.9618,
  417         F.S., which relates to an economic development program
  418         for microenterprises; repealing s. 288.982, F.S.,
  419         which relates to a public records exemption for
  420         certain records relating to the United States
  421         Department of Defense Base Realignment and Closure
  422         2005 process; repealing s. 411.0105, F.S., which
  423         designates the Agency for Workforce Innovation as the
  424         lead agency to administer specified federal laws;
  425         amending s. 443.111, F.S.; providing that unemployment
  426         benefits are payable electronically, except that an
  427         individual being paid by paper warrant on a specified
  428         date may continue to be paid in that manner until the
  429         expiration of a claim for unemployment compensation;
  430         conforming provisions to changes made by the act;
  431         repealing s. 446.60, F.S., which relates to assistance
  432         for displaced local exchange telecommunications
  433         company workers; repealing s. 1002.75, F.S., relating
  434         to the powers and duties of the Agency for Workforce
  435         Innovation; providing an effective date.
  436  
  437  Be It Enacted by the Legislature of the State of Florida:
  438  
  439         Section 1. Type two transfers from the Agency for Workforce
  440  Innovation.—
  441         (1) All powers, duties, functions, records, offices,
  442  personnel, associated administrative support positions,
  443  property, pending issues, existing contracts, administrative
  444  authority, administrative rules, and unexpended balances of
  445  appropriations, allocations, and other funds relating to the
  446  following programs in the Agency for Workforce Innovation are
  447  transferred by a type two transfer, as defined in s. 20.06(2),
  448  Florida Statutes, as follows:
  449         (a) The Office of Early Learning Services, including all
  450  related policies and procedures, is transferred to the
  451  Department of Education.
  452         (b) The Office of Unemployment Compensation is transferred
  453  to Jobs Florida.
  454         (c)The Office of Workforce Services is transferred to Jobs
  455  Florida.
  456         (2) The following trust funds are transferred:
  457         (a) From the Agency for Workforce Innovation to the
  458  Department of Education, the Child Care and Development Block
  459  Grant Trust Fund.
  460         (b) From the Agency for Workforce Innovation to Jobs
  461  Florida:
  462         1. The Administrative Trust Fund.
  463         2. The Employment Security Administration Trust Fund.
  464         3. The Special Employment Security Administration Trust
  465  Fund.
  466         4. The Unemployment Compensation Benefit Trust Fund.
  467         5. The Unemployment Compensation Clearing Trust Fund.
  468         6. The Revolving Trust Fund.
  469         7. The Welfare Transition Trust Fund.
  470         8. The Displaced Homemaker Trust Fund.
  471         (3) Any binding contract or interagency agreement existing
  472  before July 1, 2011, between the Agency for Workforce
  473  Innovation, or an entity or agent of the agency, and any other
  474  agency, entity, or person shall continue as a binding contract
  475  or agreement for the remainder of the term of such contract or
  476  agreement on the successor department, agency, or entity
  477  responsible for the program, activity, or functions relative to
  478  the contract or agreement.
  479         (4) All powers, duties, functions, records, offices,
  480  personnel, property, pending issues, and existing contracts,
  481  administrative authority, administrative rules, and unexpended
  482  balances of appropriations, allocations, and other funds
  483  relating to the Agency for Workforce Innovation which are not
  484  specifically transferred by this section are transferred by a
  485  type two transfer, as defined in s. 20.06(2), Florida Statutes,
  486  to Jobs Florida.
  487         Section 2. Type two transfers from the Department of
  488  Community Affairs.—
  489         (1) All powers, duties, functions, records, offices,
  490  personnel, associated administrative support positions,
  491  property, pending issues, existing contracts, administrative
  492  authority, administrative rules, and unexpended balances of
  493  appropriations, allocations, and other funds relating to the
  494  following programs in the Department of Community Affairs are
  495  transferred by a type two transfer, as defined in s. 20.06(2),
  496  Florida Statutes, as follows:
  497         (a) The Florida Housing Finance Corporation is transferred
  498  to Jobs Florida.
  499         (b)The Division of Housing and Community Development is
  500  transferred to Jobs Florida.
  501         (c)The Division of Community Planning is transferred to
  502  Jobs Florida.
  503         (d) The Division of Emergency Management is transferred to
  504  the Executive Office of the Governor, and is renamed the Office
  505  of Emergency Management.
  506         (e) The Florida Building Commission is transferred to the
  507  Department of Business and Professional Regulation.
  508         (f) The responsibilities under the Florida Communities
  509  Trust, part III of chapter 380, Florida Statutes, are
  510  transferred to the Department of Environmental Protection.
  511         (g) The responsibilities under the Stan Mayfield Working
  512  Waterfronts program authorized in s. 380.5105, Florida Statutes,
  513  are transferred to the Department of Environmental Protection.
  514         (2) The following trust funds are transferred:
  515         (a) From the Department of Community Affairs to Jobs
  516  Florida:
  517         1. The Administrative Trust Fund.
  518         2. The State Housing Trust Fund.
  519         3. The Community Services Block Grant Trust Fund.
  520         4. The Local Government Housing Trust Fund.
  521         5. The Florida Small Cities Community Development Block
  522  Grant Trust Fund.
  523         6. The Federal Grants Trust Fund.
  524         7. The Grants and Donations Trust Fund.
  525         8. The Energy Consumption Trust Fund.
  526         9. The Low-Income Home Energy Assistance Trust Fund.
  527         (b) From the Department of Community Affairs to the
  528  Executive Office of the Governor:
  529         1. The Emergency Management Preparedness and Assistance
  530  Trust Fund.
  531         2. The Federal Emergency Management Programs Support Trust
  532  Fund.
  533         3. The U.S. Contributions Trust Fund.
  534         (c) From the Department of Community Affairs to the
  535  Department of Business and Professional Regulation, the
  536  Operating Trust Fund of the Florida Building Commission.
  537         (d) From the Department of Community Affairs to the
  538  Department of Environmental Protection:
  539         1. The Florida Forever Program Trust Fund.
  540         2. The Florida Communities Trust Fund.
  541         (3) Any binding contract or interagency agreement existing
  542  before July 1, 2011, between the Department of Community Affairs
  543  or Division of Emergency Management, or an entity or agent of
  544  the department or division, and any other agency, entity, or
  545  person shall continue as a binding contract or agreement for the
  546  remainder of the term of such contract or agreement on the
  547  successor department, agency, or entity responsible for the
  548  program, activity, or functions relative to the contract or
  549  agreement.
  550         (4) All powers, duties, functions, records, offices,
  551  personnel, property, pending issues, and existing contracts,
  552  administrative authority, administrative rules, and unexpended
  553  balances of appropriations, allocations, and other funds
  554  relating to the Department of Community Affairs which are not
  555  specifically transferred by this section are transferred by a
  556  type two transfer, as defined in s. 20.06(2), Florida Statutes,
  557  to Jobs Florida.
  558         Section 3. Type two transfers from Executive Office of the
  559  Governor.—
  560         (1) All powers, duties, functions, records, offices,
  561  personnel, associated administrative support positions,
  562  property, pending issues, existing contracts, administrative
  563  authority, administrative rules, and unexpended balances of
  564  appropriations, allocations, and other funds relating to the
  565  Office of Tourism, Trade, and Economic Development in the
  566  Executive Office of the Governor are transferred by a type two
  567  transfer, as defined in s. 20.06(2), Florida Statutes, to Jobs
  568  Florida.
  569         (2) The following trust funds are transferred from the
  570  Executive Office of the Governor to Jobs Florida:
  571         (a) The Economic Development Trust Fund.
  572         (b) The Economic Development Transportation Trust Fund.
  573         (c) The Tourism Promotional Trust Fund.
  574         (d) The Professional Sports Development Trust Fund.
  575         (e) The Florida International Trade and Promotion Trust
  576  Fund.
  577         (3) Any binding contract or interagency agreement existing
  578  before July 1, 2011, between the Office of Tourism, Trade, and
  579  Economic Development in the Executive Office of the Governor, or
  580  an entity or agent of the office, and any other agency, entity,
  581  or person shall continue as a binding contract or agreement for
  582  the remainder of the term of such contract or agreement on the
  583  successor department, agency, or entity responsible for the
  584  program, activity, or functions relative to the contract or
  585  agreement.
  586         (4) All powers, duties, functions, records, offices,
  587  personnel, property, pending issues, and existing contracts,
  588  administrative authority, administrative rules, and unexpended
  589  balances of appropriations, allocations, and other funds
  590  relating to the Office of Tourism, Trade, and Economic
  591  Development in the Executive Office of the Governor which are
  592  not specifically transferred by this section are transferred by
  593  a type two transfer, as defined in s. 20.06(2), Florida
  594  Statutes, to Jobs Florida.
  595         Section 4. (1) It is the intent of the Legislature that the
  596  changes made by this act be accomplished with minimal disruption
  597  of services provided to the public and with minimal disruption
  598  to employees of any organization. To that end, the Legislature
  599  directs all applicable units of state government to contribute
  600  to the successful implementation of this act, and the
  601  Legislature believes that a transition period between the
  602  effective date of this act and October 1, 2011, is appropriate
  603  and warranted.
  604         (2) The Agency for Workforce Innovation, the Department of
  605  Community Affairs, and the Office of Tourism, Trade, and
  606  Economic Development in the Executive Office of the Governor
  607  shall each coordinate the development and implementation of a
  608  transition plan that supports the implementation of this act.
  609  Any state agency identified by either the Agency for Workforce
  610  Innovation, the Department of Community Affairs, or the Office
  611  of Tourism, Trade, and Economic Development in the Executive
  612  Office of the Governor shall cooperate fully in developing and
  613  implementing the plan and shall dedicate the financial and staff
  614  resources that are necessary to implement the plan. The Agency
  615  for Workforce Innovation, the Department of Community Affairs,
  616  and the Office of Tourism, Trade, and Economic Development in
  617  the Executive Office of the Governor shall each designate a
  618  staff member to serve as the primary representative on matters
  619  related to implementing this act and the transition plans
  620  required under this section.
  621         (3) The Governor shall designate a staff member of the
  622  Office of Planning and Budgeting to serve as the Governor’s
  623  primary representative on matters related to implementing this
  624  act for the Agency for Workforce Innovation, the Department of
  625  Community Affairs, and the Office of Tourism, Trade, and
  626  Economic Development and the transition plans required under
  627  this section. Each representative shall report to the Governor,
  628  the President of the Senate, and the Speaker of the House of
  629  Representatives on the progress of implementing this act and the
  630  transition plans, including, but not limited to, any adverse
  631  impact or negative consequences on programs and services related
  632  to meeting any deadline imposed by this act, and any
  633  difficulties experienced by the Agency for Workforce Innovation,
  634  the Department of Community Affairs, or the Office of Tourism,
  635  Trade, and Economic Development in securing the full
  636  participation and cooperation of applicable state agencies. Each
  637  representative shall also coordinate the submission of any
  638  budget amendments, in accordance with chapter 216, Florida
  639  Statutes, which may be necessary to implement this act.
  640         (4) Notwithstanding ss. 216.292 and 216.351, Florida
  641  Statutes, upon approval by the Legislative Budget Commission,
  642  the Executive Office of the Governor may transfer funds and
  643  positions between agencies to implement this act.
  644         (5) Upon the recommendation and guidance of the primary
  645  representative of the Agency for Workforce Innovation, the
  646  Department of Community Affairs, or the Office of Tourism,
  647  Trade, and Economic Development, the Governor shall submit in a
  648  timely manner to the applicable federal departments or agencies
  649  any necessary amendments or supplemental information concerning
  650  plans that the state is required to submit to the Federal
  651  Government in connection with any federal or state program. The
  652  Governor shall seek any waivers from the requirements of Federal
  653  law or rules which may be necessary to administer the provisions
  654  of this act.
  655         (6) The transfer of any program, activity, duty, or
  656  function under this act includes the transfer of any records and
  657  unexpended balances of appropriations, allocations, or other
  658  funds related to such program, activity, duty, or function.
  659  Unless otherwise provided, the successor organization to any
  660  program, activity, duty, or function transferred under this act
  661  shall become the custodian of any property of the organization
  662  that was responsible for the program, activity, duty, or
  663  function immediately prior to the transfer.
  664         Section 5. (1) The nonprofit corporations established in
  665  ss. 288.901, 288.1229, 288.1226, and 288.707, Florida Statutes,
  666  are merged into, and the independent special district
  667  established in s. 331.302, Florida Statutes, is transferred to a
  668  new nonprofit corporation established by this act called the
  669  “Jobs Florida Partnership, Inc.”
  670         (2) Enterprise Florida, Inc., the Florida Sports Foundation
  671  Incorporated, the Florida Tourism Industry Marketing Corporation
  672  d/b/a VISIT Florida, and the Florida Black Business Investment
  673  Board, Inc., must enter into a plan to merge into the Jobs
  674  Florida Partnership, Inc. Such merger must be completed by
  675  December 31, 2011. The merger is subject to chapter 617, Florida
  676  Statutes, related to the merger of nonprofit corporations.
  677         (3) The independent special district of Space Florida, and
  678  all powers, duties, functions, records, offices, personnel,
  679  property, pending issues, existing contracts, administrative
  680  authority, administrative rules, and unexpended balances of
  681  appropriations, allocations, and other funds relating to it, are
  682  transferred to the Jobs Florida Partnership, Inc.
  683         (4) It is the intent of the Legislature that the changes
  684  made by this act be accomplished with minimal disruption of
  685  services provided to the public and with minimal disruption to
  686  employees of any organization. To that end, the Legislature
  687  directs that notwithstanding the changes made by this act,
  688  Enterprise Florida, Inc., the Florida Sports Foundation
  689  Incorporated, the Florida Tourism Industry Marketing Corporation
  690  d/b/a VISIT Florida, and the Florida Black Business Investment
  691  Board, Inc., may continue with such powers, duties, functions,
  692  records, offices, personnel, property, pending issues, and
  693  existing contracts as provided in Florida Statutes 2010 until
  694  December 31, 2011. The Legislature believes that a transition
  695  period between the effective date of this act and December 31,
  696  2011, is appropriate and warranted.
  697         (5) The Governor shall designate a staff member of the
  698  Office of Planning and Budgeting to serve as the Governor’s
  699  primary representative on matters related to implementing this
  700  act for the merger of Enterprise Florida, Inc., the Florida
  701  Sports Foundation Incorporated, the Florida Tourism Industry
  702  Marketing Corporation d/b/a VISIT Florida, and the Florida Black
  703  Business Investment Board, Inc., into, and the transfer of Space
  704  Florida to the Jobs Florida Partnership, Inc., and the
  705  transition plans required under this section. The representative
  706  shall report to the Governor, the President of the Senate, and
  707  the Speaker of the House of Representatives on the progress of
  708  implementing this act and the transition plans, including, but
  709  not limited to, any adverse impact or negative consequences on
  710  programs and services related to meeting any deadline imposed by
  711  this act, and any difficulties experienced by the entities. The
  712  representative shall also coordinate the submission of any
  713  budget amendments, pursuant to chapter 216, Florida Statutes,
  714  which may be necessary to implement this act.
  715         (6)Any funds held in trust which were donated to or earned
  716  by Enterprise Florida, Inc., the Florida Sports Foundation
  717  Incorporated, the Florida Tourism Industry Marketing Corporation
  718  d/b/a VISIT Florida, the Florida Black Business Investment
  719  Board, Inc., and Space Florida under a previous incarnation as a
  720  corporation under chapter 617, Florida Statutes, or as an
  721  independent special district shall be transferred to the Jobs
  722  Florida Partnership, Inc., to be used by the relevant division
  723  or Space Florida for the original purposes of the funds.
  724         (7) Upon the recommendation and guidance of Enterprise
  725  Florida, Inc., the Florida Sports Foundation Incorporated, the
  726  Florida Tourism Industry Marketing Corporation d/b/a VISIT
  727  Florida, the Florida Black Business Investment Board, Inc., or
  728  Space Florida, the Governor shall submit in a timely manner to
  729  the applicable Federal departments or agencies any necessary
  730  amendments or supplemental information concerning plans which
  731  the state or one of the entities is required to submit to the
  732  Federal Government in connection with any federal or state
  733  program. The Governor shall seek any waivers from the
  734  requirements of Federal law or rules which may be necessary to
  735  administer the provisions of this act.
  736         (8) The transfer of any program, activity, duty, or
  737  function under this act includes the transfer of any records and
  738  unexpended balances of appropriations, allocations, or other
  739  funds related to such program, activity, duty, or function.
  740  Unless otherwise provided, the Jobs Florida Partnership, Inc.,
  741  shall become the custodian of any property of Enterprise
  742  Florida, Inc., the Florida Sports Foundation Incorporated, the
  743  Florida Tourism Industry Marketing Corporation d/b/a VISIT
  744  Florida, the Florida Black Business Investment Board, Inc., or
  745  Space Florida by December 31, 2011, by plan of merger.
  746         (9)The Department of Management Services may establish a
  747  lease agreement program under which the Jobs Florida
  748  Partnership, Inc., may hire any individual who was employed by
  749  Enterprise Florida, Inc., or the Florida Black Business
  750  Investment Board, Inc., under a previous lease agreement under
  751  s. 288.901(2) or s. 288.708(2), Florida Statutes 2010. Under
  752  such agreement, the employee shall retain his or her status as a
  753  state employee but shall work under the direct supervision of
  754  the Jobs Florida Partnership, Inc. Retention of state employee
  755  status shall include the right to participate in the Florida
  756  Retirement System and shall continue until the employee
  757  voluntarily or involuntarily terminates his or her status with
  758  the Jobs Florida Partnership, Inc. The Department of Management
  759  Services shall establish the terms and conditions of such lease
  760  agreements.
  761         Section 6. The Legislature recognizes that there is a need
  762  to conform the Florida Statutes to the policy decisions
  763  reflected in this act and that there is a need to resolve
  764  apparent conflicts between any other legislation that has been
  765  or may be enacted during the 2011 Regular Session of the
  766  Legislature and the transfer of duties made by this act.
  767  Therefore, in the interim between this act becoming law and the
  768  2012 Regular Session of the Legislature or an earlier special
  769  session addressing this issue, the Division of Statutory
  770  Revision shall prepare draft legislation to conform the Florida
  771  Statutes and any legislation enacted during 2011 to the
  772  provisions of this act.
  773         Section 7. Section 14.2016, Florida Statutes, is created to
  774  read:
  775         14.2016Office of Emergency Management.—The Office of
  776  Emergency Management is established within the Executive Office
  777  of the Governor. The office shall be a separate budget entity,
  778  as provided in the General Appropriations Act and shall prepare
  779  and submit a budget request in accordance with chapter 216. The
  780  office shall be responsible for all professional, technical, and
  781  administrative support functions necessary to carry out its
  782  responsibilities under part I of chapter 252. The director of
  783  the office shall be appointed by and serve at the pleasure of
  784  the Governor, and shall be the head of the office for all
  785  purposes. The office shall administer programs to rapidly apply
  786  all available aid to communities stricken by an emergency as
  787  defined in s. 252.34 and, for this purpose, shall provide
  788  liaison with federal agencies and other public and private
  789  agencies.
  790         Section 8. Paragraph (h) is added to subsection (3) and
  791  subsection (9) is added to section 20.15, Florida Statutes, to
  792  read:
  793         20.15 Department of Education.—There is created a
  794  Department of Education.
  795         (3) DIVISIONS.—The following divisions of the Department of
  796  Education are established:
  797         (h) The Division of Early Learning, which shall administer
  798  the school readiness system in accordance with s. 411.01 and the
  799  operational requirements of the Voluntary Prekindergarten
  800  Education Program in accordance with part V of chapter 1002. The
  801  division shall be directed by the Deputy Commissioner for Early
  802  Learning, who shall be appointed by and serve at the pleasure of
  803  the commissioner.
  804         (9) The department may provide or contract for training for
  805  employees of administrative entities and case managers of any
  806  contracted providers to ensure they have the necessary
  807  competencies and skills to provide adequate administrative
  808  oversight and delivery of the full array of client services.
  809         Section 9. Section 20.60, Florida Statutes, is created to
  810  read:
  811         20.60 Jobs Florida; creation; powers and duties.—
  812         (1) There is created a department that, notwithstanding the
  813  provisions of s. 20.04(1), shall be called Jobs Florida.
  814         (2) The head of Jobs Florida is the commissioner of Jobs
  815  Florida, who shall be appointed by the Governor, subject to
  816  confirmation by the Senate. The commissioner shall serve at the
  817  pleasure of and report to the Governor.
  818         (3) The following divisions of Jobs Florida are
  819  established:
  820         (a) The Division of Strategic Business Development.
  821         (b) The Division of Community Development.
  822         (c) The Division of Workforce Services.
  823         (d) The Division of Finance and Administration.
  824         (4) The purpose of Jobs Florida is to assist the Governor
  825  in working with the Legislature, state agencies, business
  826  leaders, and economic development professionals to formulate and
  827  implement coherent and consistent policies and strategies
  828  designed to promote economic opportunities for all Floridians.
  829  To accomplish such purposes, Jobs Florida shall:
  830         (a) Facilitate the direct involvement of the Governor and
  831  the Lieutenant Governor in economic development and workforce
  832  development projects designed to create, expand, and retain
  833  businesses in this state, to recruit business from around the
  834  world, and to facilitate other job-creating efforts.
  835         (b) Recruit new businesses to this state and promote the
  836  expansion of existing businesses by expediting permitting and
  837  location decisions, worker placement and training, and incentive
  838  awards.
  839         (c) Ensure that, to the maximum extent possible, there is a
  840  link between the economic development and workforce development
  841  goals and strategies of the state.
  842         (d) Manage the activities of public-private partnerships
  843  and state agencies in order to avoid duplication and promote
  844  coordinated and consistent implementation of programs in areas
  845  including, but not limited to, tourism; international trade and
  846  investment; business recruitment, creation, retention, and
  847  expansion; minority and small business development; rural
  848  community development; commercialization of products, services,
  849  or ideas developed in public universities or other public
  850  institutions; and the development and promotion of professional
  851  and amateur sporting events.
  852         (5) The divisions within Jobs Florida have specific
  853  responsibilities to achieve the duties, responsibilities, and
  854  goals of Jobs Florida. Specifically:
  855         (a) The Division of Strategic Business Development shall:
  856         1. Analyze and evaluate business prospects identified by
  857  the Governor, the commissioner of Jobs Florida, and the Jobs
  858  Florida Partnership, Inc. The analysis must include, but is not
  859  limited to, a review and processing of a prospect business’s
  860  application for incentives and a calculation of its economic
  861  benefit to the state. The evaluation shall be based, at a
  862  minimum, on the information obtained from the prospect business,
  863  the economic benefit calculation, and the business’s eligibility
  864  for state incentives.
  865         2. Administer certain tax refund, tax credit, and grant
  866  programs created in law. Notwithstanding any other provision of
  867  law, Jobs Florida may expend interest earned from the investment
  868  of program funds deposited in the Grants and Donations Trust
  869  Fund to contract for the administration of those programs, or
  870  portions of the programs, assigned to Jobs Florida by law, by
  871  the appropriations process, or by the Governor. Such
  872  expenditures shall be subject to review under chapter 216.
  873         3. Develop measurement protocols for the state incentive
  874  programs and for the contracted entities which will be used to
  875  determine their performance and competitive value to the state.
  876  Performance measures, benchmarks, and sanctions must be
  877  developed in consultation with the legislative appropriations
  878  committees and the appropriate substantive committees, and are
  879  subject to the review and approval process provided in s.
  880  216.177. The approved performance measures, standards, and
  881  sanctions shall be included and made a part of the strategic
  882  plan for contracts entered into for delivery of programs
  883  authorized by this section.
  884         4. Assist the Jobs Florida Partnership, Inc., in preparing
  885  an annual report to the Legislature on the state of the business
  886  climate in Florida and on the state of economic development in
  887  Florida which includes the identification of problems and the
  888  recommendation of solutions. This report shall be submitted to
  889  the President of the Senate, the Speaker of the House of
  890  Representatives, the Senate Minority Leader, and the House
  891  Minority Leader by January 1 of each year, and shall be in
  892  addition to the Governor’s message to the Legislature required
  893  by the State Constitution and any other economic reports
  894  required by law, including the annual incentives report prepared
  895  by the Jobs Florida Partnership, Inc.
  896         5. Develop a 5-year statewide strategic plan. The strategic
  897  plan must include, but need not be limited to:
  898         a. Strategies for the promotion of business formation,
  899  expansion, recruitment, and retention through aggressive
  900  marketing, international development, and export assistance,
  901  which lead to more and better jobs and higher wages for all
  902  geographic regions, disadvantaged communities, and populations
  903  of the state, including rural areas, minority businesses, and
  904  urban core areas.
  905         b. The development of realistic policies and programs to
  906  further the economic diversity of the state, its regions, and
  907  their associated industrial clusters.
  908         c. Specific provisions for the stimulation of economic
  909  development and job creation in rural areas and midsize cities
  910  and counties of the state.
  911         d. Provisions for the promotion of the successful long-term
  912  economic development of the state with increased emphasis in
  913  market research and information.
  914         e. Plans for the generation of foreign investment in the
  915  state which creates jobs paying above-average wages and which
  916  results in reverse investment in the state, including programs
  917  that establish viable overseas markets, assist in meeting the
  918  financing requirements of export-ready firms, broaden
  919  opportunities for international joint venture relationships, use
  920  the resources of academic and other institutions, coordinate
  921  trade assistance and facilitation services, and facilitate
  922  availability of and access to education and training programs
  923  that assure requisite skills and competencies necessary to
  924  compete successfully in the global marketplace.
  925         f. The identification of business sectors that are of
  926  current or future importance to the state’s economy and to the
  927  state’s global business image, and development of specific
  928  strategies to promote the development of such sectors.
  929         g. Strategies for talent development necessary in the state
  930  to encourage economic development growth, taking into account
  931  factors such as the state’s talent supply chain, education and
  932  training opportunities, and available workforce.
  933         6. Update the strategic plan every 5 years. The division
  934  shall involve local governments; the general public; local and
  935  regional economic development organizations; other local, state,
  936  and federal economic, international, and workforce development
  937  entities; the business community; and educational institutions
  938  to assist with each update.
  939         (b)The Division of Community Development shall administer:
  940         1. The Community Services Block Grant Program.
  941         2. The Community Development Block Grant Program in chapter
  942  290.
  943         3. The Low-Income Home Energy Assistance Program in chapter
  944  409.
  945         4. The Weatherization Assistance Program in chapter 409.
  946         5.The Neighborhood Stabilization Program.
  947         6. The local comprehensive planning process and the
  948  development of regional impact process.
  949         7. The Front Porch Florida Initiative through the Office of
  950  Urban Opportunity, which is created within the division. The
  951  purpose of the office is to administer the Front Porch Florida
  952  initiative, a comprehensive, community-based urban core
  953  redevelopment program that enables urban core residents to craft
  954  solutions to the unique challenges of each designated community.
  955         8. Any other related programs.
  956         (c) The Division of Workforce Services shall:
  957         1. Prepare and submit a unified budget request for
  958  workforce in accordance with chapter 216 for, and in conjunction
  959  with, Workforce Florida, Inc., and its board.
  960         2. Ensure that the state appropriately administers federal
  961  and state workforce funding by administering plans and policies
  962  of Workforce Florida, Inc., under contract with Workforce
  963  Florida, Inc. The operating budget and midyear amendments
  964  thereto must be part of such contract.
  965         a. All program and fiscal instructions to regional
  966  workforce boards shall emanate from Jobs Florida pursuant to
  967  plans and policies of Workforce Florida, Inc., which shall be
  968  responsible for all policy directions to the regional workforce
  969  boards.
  970         b. Unless otherwise provided by agreement with Workforce
  971  Florida, Inc., administrative and personnel policies of Jobs
  972  Florida shall apply.
  973         3. Implement the state’s unemployment compensation program.
  974  Jobs Florida shall ensure that the state appropriately
  975  administers the unemployment compensation program pursuant to
  976  state and federal law.
  977         (6)(a)Jobs Florida is the administrative agency designated
  978  for receipt of federal workforce development grants and other
  979  federal funds. Jobs Florida shall administer the duties and
  980  responsibilities assigned by the Governor under each federal
  981  grant assigned to Jobs Florida. Jobs Florida shall expend each
  982  revenue source as provided by federal and state law and as
  983  provided in plans developed by and agreements with Workforce
  984  Florida, Inc. Jobs Florida may serve as the contract
  985  administrator for contracts entered into by Workforce Florida,
  986  Inc., pursuant to s. 445.004(5), as directed by Workforce
  987  Florida, Inc.
  988         (b) Jobs Florida shall serve as the designated agency for
  989  purposes of each federal workforce development grant assigned to
  990  it for administration. Jobs Florida shall carry out the duties
  991  assigned to it by the Governor, under the terms and conditions
  992  of each grant. Jobs Florida shall have the level of authority
  993  and autonomy necessary to be the designated recipient of each
  994  federal grant assigned to it, and shall disburse such grants
  995  pursuant to the plans and policies of Workforce Florida, Inc.
  996  The commissioner may, upon delegation from the Governor and
  997  pursuant to agreement with Workforce Florida, Inc., sign
  998  contracts, grants, and other instruments as necessary to execute
  999  functions assigned to Jobs Florida. Notwithstanding other
 1000  provision of law, Jobs Florida shall administer other programs
 1001  funded by federal or state appropriations, as determined by the
 1002  Legislature in the General Appropriations Act or by law.
 1003         (7) Jobs Florida may provide or contract for training for
 1004  employees of administrative entities and case managers of any
 1005  contracted providers to ensure they have the necessary
 1006  competencies and skills to provide adequate administrative
 1007  oversight and delivery of the full array of client services.
 1008         (8) The Unemployment Appeals Commission, authorized by s.
 1009  443.012, is not subject to control, supervision, or direction by
 1010  Jobs Florida in the performance of its powers and duties but
 1011  shall receive any and all support and assistance from Jobs
 1012  Florida which is required for the performance of its duties.
 1013         (9)(a) The commissioner of Jobs Florida shall:
 1014         1. Manage all activities and responsibilities of the
 1015  department.
 1016         2. Serve as the Governor’s chief negotiator for business
 1017  recruitment and business expansion.
 1018         3. Serve as the manager for the state with respect to
 1019  contracts with the Jobs Florida Partnership, Inc., the Institute
 1020  for the Commercialization of Public Research, and all applicable
 1021  direct-support organizations. To accomplish the provisions of
 1022  this section and applicable provisions of chapter 288, and
 1023  notwithstanding the provisions of part I of chapter 287, the
 1024  commissioner shall enter into specific contracts with the Jobs
 1025  Florida Partnership, Inc., the Institute for the
 1026  Commercialization of Public Research, and other appropriate
 1027  direct-support organizations. Such contracts may be for
 1028  multiyear terms and shall include specific performance measures
 1029  for each year.
 1030         4. Serve as the state protocol officer. In consultation
 1031  with the Governor and other governmental officials, the
 1032  commissioner shall develop, maintain, publish, and distribute
 1033  the state protocol manual.
 1034         (b) Notwithstanding any other law, resolution, or rule to
 1035  the contrary, the commissioner may not receive more in public
 1036  remuneration annually than $130,000, pursuant to the General
 1037  Appropriations Act.
 1038         (10) The Chief Inspector General in the Executive Office of
 1039  the Governor:
 1040         (a) Shall advise public-private partnerships in their
 1041  development, utilization, and improvement of internal control
 1042  measures necessary to ensure fiscal accountability.
 1043         (b) May conduct, direct, and supervise audits relating to
 1044  the programs and operations of public-private partnerships.
 1045         (c) Shall receive and investigate complaints of fraud,
 1046  abuses, and deficiencies relating to programs and operations of
 1047  public-private partnerships.
 1048         (d) May request and have access to any records, data, and
 1049  other information in the possession of public-private
 1050  partnerships which the Chief Inspector General deems necessary
 1051  to carry out his or her responsibilities with respect to
 1052  accountability.
 1053         (e) Shall monitor public-private partnerships for
 1054  compliance with the terms and conditions of contracts with the
 1055  department and report noncompliance to the Governor.
 1056         (f) Shall advise public-private partnerships in the
 1057  development, utilization, and improvement of performance
 1058  measures for the evaluation of their operations.
 1059         (g) Shall review and make recommendations for improvements
 1060  in the actions taken by public-private partnerships to meet
 1061  performance standards.
 1062         (11) Jobs Florida shall have an official seal by which its
 1063  records, orders, and proceedings are authenticated. The seal
 1064  shall be judicially noticed.
 1065         (12) Jobs Florida shall administer the role of state
 1066  government under part I of chapter 421, relating to public
 1067  housing, chapter 422, relating to housing cooperation law, and
 1068  chapter 423, tax exemption of housing authorities. Jobs Florida
 1069  is the agency of state government responsible for the state’s
 1070  role in housing and urban development.
 1071         (13) Jobs Florida may adopt rules to administer the
 1072  provisions of law conferring duties upon it.
 1073         Section 10. Paragraph (d) of subsection (2) and subsection
 1074  (5) of section 112.044, Florida Statutes, are amended to read:
 1075         112.044 Public employers, employment agencies, labor
 1076  organizations; discrimination based on age prohibited;
 1077  exceptions; remedy.—
 1078         (2) DEFINITIONS.—For the purpose of this act:
 1079         (d) “Department” means the Department of Labor and
 1080  Employment Security.
 1081         (5) NOTICE TO BE POSTED.—Each employer, employment agency,
 1082  and labor organization shall post and keep posted in conspicuous
 1083  places upon its premises notices a notice to be prepared or
 1084  approved by the department setting forth such information as
 1085  required by the United States Department of Labor and the United
 1086  States Equal Employment Opportunity Commission department deems
 1087  appropriate to effectuate the purposes of this act.
 1088         Section 11. Subsections (20) and (31) of section 163.3164,
 1089  Florida Statutes, are amended to read:
 1090         163.3164 Local Government Comprehensive Planning and Land
 1091  Development Regulation Act; definitions.—As used in this act:
 1092         (20) “State land planning agency” means Jobs Florida the
 1093  Department of Community Affairs.
 1094         (31) “Optional Sector plan” means the an optional process
 1095  authorized by s. 163.3245 in which one or more local governments
 1096  engage in long-term planning for a large area and by agreement
 1097  with the state land planning agency are allowed to address
 1098  regional development-of-regional-impact issues through adoption
 1099  of detailed specific area plans within the planning area within
 1100  certain designated geographic areas identified in the local
 1101  comprehensive plan as a means of fostering innovative planning
 1102  and development strategies in s. 163.3177(11)(a) and (b),
 1103  furthering the purposes of this part and part I of chapter 380,
 1104  reducing overlapping data and analysis requirements, protecting
 1105  regionally significant resources and facilities, and addressing
 1106  extrajurisdictional impacts. The term includes an optional
 1107  sector plan that was adopted pursuant to the Optional Sector
 1108  Plan program.
 1109         Section 12. Paragraph (d) of subsection (15) of section
 1110  163.3177, Florida Statutes, is amended to read:
 1111         163.3177 Required and optional elements of comprehensive
 1112  plan; studies and surveys.—
 1113         (15)
 1114         (d) This subsection does not apply to a an optional sector
 1115  plan adopted pursuant to s. 163.3245, a rural land stewardship
 1116  area designated pursuant to subsection (11), or any
 1117  comprehensive plan amendment that includes an inland port
 1118  terminal or affiliated port development.
 1119         Section 13. Paragraph (a) of subsection (12) of section
 1120  163.3180, Florida Statutes, is amended to read:
 1121         163.3180 Concurrency.—
 1122         (12)(a) A development of regional impact may satisfy the
 1123  transportation concurrency requirements of the local
 1124  comprehensive plan, the local government’s concurrency
 1125  management system, and s. 380.06 by payment of a proportionate
 1126  share contribution for local and regionally significant traffic
 1127  impacts, if:
 1128         1. The development of regional impact which, based on its
 1129  location or mix of land uses, is designed to encourage
 1130  pedestrian or other nonautomotive modes of transportation;
 1131         2. The proportionate-share contribution for local and
 1132  regionally significant traffic impacts is sufficient to pay for
 1133  one or more required mobility improvements that will benefit a
 1134  regionally significant transportation facility;
 1135         3. The owner and developer of the development of regional
 1136  impact pays or assures payment of the proportionate-share
 1137  contribution; and
 1138         4. If the regionally significant transportation facility to
 1139  be constructed or improved is under the maintenance authority of
 1140  a governmental entity, as defined by s. 334.03(12), other than
 1141  the local government with jurisdiction over the development of
 1142  regional impact, the developer is required to enter into a
 1143  binding and legally enforceable commitment to transfer funds to
 1144  the governmental entity having maintenance authority or to
 1145  otherwise assure construction or improvement of the facility.
 1146  
 1147  The proportionate-share contribution may be applied to any
 1148  transportation facility to satisfy the provisions of this
 1149  subsection and the local comprehensive plan, but, for the
 1150  purposes of this subsection, the amount of the proportionate
 1151  share contribution shall be calculated based upon the cumulative
 1152  number of trips from the proposed development expected to reach
 1153  roadways during the peak hour from the complete buildout of a
 1154  stage or phase being approved, divided by the change in the peak
 1155  hour maximum service volume of roadways resulting from
 1156  construction of an improvement necessary to maintain the adopted
 1157  level of service, multiplied by the construction cost, at the
 1158  time of developer payment, of the improvement necessary to
 1159  maintain the adopted level of service. For purposes of this
 1160  subsection, “construction cost” includes all associated costs of
 1161  the improvement. Proportionate-share mitigation shall be limited
 1162  to ensure that a development of regional impact meeting the
 1163  requirements of this subsection mitigates its impact on the
 1164  transportation system but is not responsible for the additional
 1165  cost of reducing or eliminating backlogs. This subsection also
 1166  applies to Florida Quality Developments pursuant to s. 380.061
 1167  and to detailed specific area plans implementing optional sector
 1168  plans pursuant to s. 163.3245.
 1169         Section 14. Subsections (2), (4), and (11) of section
 1170  163.3184, Florida Statutes, are amended to read:
 1171         163.3184 Process for adoption of comprehensive plan or plan
 1172  amendment.—
 1173         (2) COORDINATION.—Each comprehensive plan or plan amendment
 1174  proposed to be adopted pursuant to this part, except amendments
 1175  adopted pursuant to s. 163.32465 or s. 163.3187(1)(c) and (3),
 1176  shall be transmitted, adopted, and reviewed in the manner
 1177  prescribed in this section. The state land planning agency shall
 1178  have responsibility for plan review, coordination, and the
 1179  preparation and transmission of comments, pursuant to this
 1180  section, to the local governing body responsible for the
 1181  comprehensive plan. The state land planning agency shall
 1182  maintain a single file concerning any proposed or adopted plan
 1183  amendment submitted by a local government for any review under
 1184  this section. Copies of all correspondence, papers, notes,
 1185  memoranda, and other documents received or generated by the
 1186  state land planning agency must be placed in the appropriate
 1187  file. Paper copies of all electronic mail correspondence must be
 1188  placed in the file. The file and its contents must be available
 1189  for public inspection and copying as provided in chapter 119.
 1190         (4) INTERGOVERNMENTAL REVIEW.—The governmental agencies
 1191  specified in paragraph (3)(a) shall provide comments to the
 1192  state land planning agency within 30 days after receipt by the
 1193  state land planning agency of the complete proposed plan
 1194  amendment. If the plan or plan amendment includes or relates to
 1195  the public school facilities element pursuant to s.
 1196  163.3177(12), the state land planning agency shall submit a copy
 1197  to the Department of Education Office of Educational Facilities
 1198  of the Commissioner of Education for review and comment. The
 1199  appropriate regional planning council shall also provide its
 1200  written comments to the state land planning agency within 30
 1201  days after receipt by the state land planning agency of the
 1202  complete proposed plan amendment and shall specify any
 1203  objections, recommendations for modifications, and comments of
 1204  any other regional agencies to which the regional planning
 1205  council may have referred the proposed plan amendment. Written
 1206  comments submitted by the public within 30 days after notice of
 1207  transmittal by the local government of the proposed plan
 1208  amendment will be considered as if submitted by governmental
 1209  agencies. All written agency and public comments must be made
 1210  part of the file maintained under subsection (2).
 1211         (11) ADMINISTRATION COMMISSION.—
 1212         (c) The sanctions provided by paragraphs (a) and (b) do
 1213  shall not apply to a local government regarding any plan
 1214  amendment, except for plan amendments that amend plans that have
 1215  not been finally determined to be in compliance with this part,
 1216  and except as provided in s. 163.3189(2) or s. 163.3191(9) s.
 1217  163.3191(11).
 1218         Section 15. Section 163.3191, Florida Statutes, is amended
 1219  to read:
 1220         163.3191 Evaluation and appraisal of comprehensive plan.—
 1221         (1) The planning program shall be a continuous and ongoing
 1222  process. Each local government shall prepare adopt an evaluation
 1223  and appraisal report once every 7 years assessing the progress
 1224  in implementing the local government’s comprehensive plan.
 1225  unless:
 1226         (a)The local government has issued development orders for
 1227  residential units composing less than 10 percent of the local
 1228  government’s residential development capacity at the time it
 1229  last submitted amendments based on the evaluation and appraisal
 1230  report pursuant to subsection (8); and
 1231         (b)The local government has not adopted amendments to its
 1232  comprehensive plan which increase the local government’s
 1233  residential development capacity by 10 percent or more since it
 1234  last submitted amendments based on the evaluation and appraisal
 1235  report pursuant to subsection (8); and
 1236         (c)Based upon resident population estimates supplied by
 1237  the Bureau of Economic and Business Research of the University
 1238  of Florida or the Executive Office of Governor, the local
 1239  government demonstrates that its population has not increased by
 1240  more than 10 percent since it last submitted amendments based on
 1241  the evaluation and appraisal report pursuant to subsection (8).
 1242  Furthermore,
 1243         (2) It is the intent of this section that:
 1244         (a) Adopted comprehensive plans be reviewed through such
 1245  evaluation process to respond to changes in state, regional, and
 1246  local policies on planning and growth management and changing
 1247  conditions and trends, to ensure effective intergovernmental
 1248  coordination, and to identify major issues regarding the
 1249  community’s achievement of its goals.
 1250         (b) After completion of the initial evaluation and
 1251  appraisal report and any supporting plan amendments, each
 1252  subsequent evaluation and appraisal report must evaluate the
 1253  comprehensive plan in effect at the time of the initiation of
 1254  the evaluation and appraisal report process.
 1255         (c) Local governments identify the major issues, if
 1256  applicable, with input from state agencies, regional agencies,
 1257  adjacent local governments, and the public in the evaluation and
 1258  appraisal report process. It is also the intent of this section
 1259  to establish minimum requirements for information to ensure
 1260  predictability, certainty, and integrity in the growth
 1261  management process. The report is intended to serve as a summary
 1262  audit of the actions that a local government has undertaken and
 1263  identify changes that it may need to make. The report should be
 1264  based on the local government’s analysis of major issues to
 1265  further the community’s goals consistent with statewide minimum
 1266  standards. The report is not intended to require a comprehensive
 1267  rewrite of the elements within the local plan, unless a local
 1268  government chooses to do so.
 1269         (3)(2) The report shall present an evaluation and
 1270  assessment of the comprehensive plan and the local government is
 1271  encouraged to include shall contain appropriate statements to
 1272  update the comprehensive plan, including, but not limited to,
 1273  words, maps, illustrations, or other media, related to:
 1274         (a) Population growth and changes in land area, including
 1275  annexation, since the adoption of the original plan or the most
 1276  recent update amendments.
 1277         (b) The extent of vacant and developable land.
 1278         (c) The financial feasibility of implementing the
 1279  comprehensive plan and of providing needed infrastructure to
 1280  achieve and maintain adopted level-of-service standards and
 1281  sustain concurrency management systems through the capital
 1282  improvements element, as well as the ability to address
 1283  infrastructure backlogs and meet the demands of growth on public
 1284  services and facilities.
 1285         (d) The location of existing development in relation to the
 1286  location of development as anticipated in the original plan, or
 1287  in the plan as amended by the most recent evaluation and
 1288  appraisal report update amendments, such as within areas
 1289  designated for urban growth.
 1290         (e) An identification of the major issues for the
 1291  jurisdiction and, where pertinent, the potential social,
 1292  economic, and environmental impacts.
 1293         (f) Relevant changes to the state comprehensive plan, the
 1294  requirements of this part, the minimum criteria contained in
 1295  chapter 9J-5, Florida Administrative Code, and the appropriate
 1296  strategic regional policy plan since the adoption of the
 1297  original plan or the most recent evaluation and appraisal report
 1298  update amendments.
 1299         (g) An assessment of whether the plan objectives within
 1300  each element, as they relate to major issues, have been
 1301  achieved. The report shall include, as appropriate, an
 1302  identification as to whether unforeseen or unanticipated changes
 1303  in circumstances have resulted in problems or opportunities with
 1304  respect to major issues identified in each element and the
 1305  social, economic, and environmental impacts of the issue.
 1306         (h) A brief assessment of successes and shortcomings
 1307  related to each element of the plan.
 1308         (i) The identification of any actions or corrective
 1309  measures, including whether plan amendments are anticipated to
 1310  address the major issues identified and analyzed in the report.
 1311  Such identification shall include, as appropriate, new
 1312  population projections, new revised planning timeframes, a
 1313  revised future conditions map or map series, an updated capital
 1314  improvements element, and any new and revised goals, objectives,
 1315  and policies for major issues identified within each element.
 1316  This paragraph shall not require the submittal of the plan
 1317  amendments with the evaluation and appraisal report.
 1318         (j) A summary of the public participation program and
 1319  activities undertaken by the local government in preparing the
 1320  report.
 1321         (k) The coordination of the comprehensive plan with
 1322  existing public schools and those identified in the applicable
 1323  educational facilities plan adopted pursuant to s. 1013.35. The
 1324  assessment shall address, where relevant, the success or failure
 1325  of the coordination of the future land use map and associated
 1326  planned residential development with public schools and their
 1327  capacities, as well as the joint decisionmaking processes
 1328  engaged in by the local government and the school board in
 1329  regard to establishing appropriate population projections and
 1330  the planning and siting of public school facilities. For those
 1331  counties or municipalities that do not have a public schools
 1332  interlocal agreement or public school facilities element, the
 1333  assessment shall determine whether the local government
 1334  continues to meet the criteria of s. 163.3177(12). If the county
 1335  or municipality determines that it no longer meets the criteria,
 1336  it must adopt appropriate school concurrency goals, objectives,
 1337  and policies in its plan amendments pursuant to the requirements
 1338  of the public school facilities element, and enter into the
 1339  existing interlocal agreement required by ss. 163.3177(6)(h)2.
 1340  and 163.31777 in order to fully participate in the school
 1341  concurrency system.
 1342         (l) The extent to which the local government has been
 1343  successful in identifying alternative water supply projects and
 1344  traditional water supply projects, including conservation and
 1345  reuse, necessary to meet the water needs identified in s.
 1346  373.709(2)(a) within the local government’s jurisdiction. The
 1347  report must evaluate the degree to which the local government
 1348  has implemented the work plan for building public, private, and
 1349  regional water supply facilities, including development of
 1350  alternative water supplies, identified in the element as
 1351  necessary to serve existing and new development.
 1352         (m) If any of the jurisdiction of the local government is
 1353  located within the coastal high-hazard area, an evaluation of
 1354  whether any past reduction in land use density impairs the
 1355  property rights of current residents when redevelopment occurs,
 1356  including, but not limited to, redevelopment following a natural
 1357  disaster. The property rights of current residents shall be
 1358  balanced with public safety considerations. The local government
 1359  must identify strategies to address redevelopment feasibility
 1360  and the property rights of affected residents. These strategies
 1361  may include the authorization of redevelopment up to the actual
 1362  built density in existence on the property prior to the natural
 1363  disaster or redevelopment.
 1364         (n) An assessment of whether the criteria adopted pursuant
 1365  to s. 163.3177(6)(a) were successful in achieving compatibility
 1366  with military installations.
 1367         (o) The extent to which a concurrency exception area
 1368  designated pursuant to s. 163.3180(5), a concurrency management
 1369  area designated pursuant to s. 163.3180(7), or a multimodal
 1370  transportation district designated pursuant to s. 163.3180(15)
 1371  has achieved the purpose for which it was created and otherwise
 1372  complies with the provisions of s. 163.3180.
 1373         (p) An assessment of the extent to which changes are needed
 1374  to develop a common methodology for measuring impacts on
 1375  transportation facilities for the purpose of implementing its
 1376  concurrency management system in coordination with the
 1377  municipalities and counties, as appropriate pursuant to s.
 1378  163.3180(10).
 1379         (4)(3) Voluntary scoping meetings may be conducted by each
 1380  local government or several local governments within the same
 1381  county which that agree to meet together. Joint meetings among
 1382  all local governments in a county are encouraged. All scoping
 1383  meetings shall be completed at least 1 year prior to the
 1384  established adoption date of the report. The purpose of the
 1385  meetings shall be to distribute data and resources available to
 1386  assist in the preparation of the report, to provide input on
 1387  major issues in each community which that should be addressed in
 1388  the report, and to advise on the extent of the effort for the
 1389  components of subsection (3) (2). If scoping meetings are held,
 1390  the local government is encouraged to shall invite each state
 1391  and regional reviewing agency, as well as adjacent and other
 1392  affected local governments. A preliminary list of new data and
 1393  major issues that have emerged since the adoption of the
 1394  original plan, or the most recent evaluation and appraisal
 1395  report-based update amendments, should be developed by state and
 1396  regional entities and involved local governments for
 1397  distribution at the scoping meeting. For purposes of this
 1398  subsection, a “scoping meeting” is a meeting conducted to
 1399  determine the scope of review of the evaluation and appraisal
 1400  report by parties to which the report relates.
 1401         (5)(4) The local planning agency shall prepare the
 1402  evaluation and appraisal report and shall make recommendations
 1403  to the governing body regarding adoption of the proposed report.
 1404  The local planning agency shall prepare the report in conformity
 1405  with its public participation procedures adopted as required by
 1406  s. 163.3181. To further public participation in the evaluation
 1407  and appraisal process During the preparation of the proposed
 1408  report and prior to making any recommendation to the governing
 1409  body, the local planning agency shall hold at least one public
 1410  hearing, with public notice, on the proposed report. At a
 1411  minimum, the format and content of the proposed report shall
 1412  include a table of contents; numbered pages; element headings;
 1413  section headings within elements; a list of included tables,
 1414  maps, and figures; a title and sources for all included tables;
 1415  a preparation date; and the name of the preparer. Where
 1416  applicable, maps shall include major natural and artificial
 1417  geographic features; city, county, and state lines; and a legend
 1418  indicating a north arrow, map scale, and the date.
 1419         (5)Ninety days prior to the scheduled adoption date, the
 1420  local government may provide a proposed evaluation and appraisal
 1421  report to the state land planning agency and distribute copies
 1422  to state and regional commenting agencies as prescribed by rule,
 1423  adjacent jurisdictions, and interested citizens for review. All
 1424  review comments, including comments by the state land planning
 1425  agency, shall be transmitted to the local government and state
 1426  land planning agency within 30 days after receipt of the
 1427  proposed report.
 1428         (6)The governing body, after considering the review
 1429  comments and recommended changes, if any, shall adopt the
 1430  evaluation and appraisal report by resolution or ordinance at a
 1431  public hearing with public notice. The governing body shall
 1432  adopt the report in conformity with its public participation
 1433  procedures adopted as required by s. 163.3181. The local
 1434  government shall submit to the state land planning agency three
 1435  copies of the report, a transmittal letter indicating the dates
 1436  of public hearings, and a copy of the adoption resolution or
 1437  ordinance. The local government shall provide a copy of the
 1438  report to the reviewing agencies which provided comments for the
 1439  proposed report, or to all the reviewing agencies if a proposed
 1440  report was not provided pursuant to subsection (5), including
 1441  the adjacent local governments. Within 60 days after receipt,
 1442  the state land planning agency shall review the adopted report
 1443  and make a preliminary sufficiency determination that shall be
 1444  forwarded by the agency to the local government for its
 1445  consideration. The state land planning agency shall issue a
 1446  final sufficiency determination within 90 days after receipt of
 1447  the adopted evaluation and appraisal report.
 1448         (6)(7) The intent of the evaluation and appraisal process
 1449  is the preparation of a plan update that clearly and concisely
 1450  achieves the purpose of this section. The evaluation and
 1451  appraisal report shall be submitted as data and analysis in
 1452  support of the evaluation and appraisal report based amendments.
 1453  Toward this end, the sufficiency review of the state land
 1454  planning agency shall concentrate on whether the evaluation and
 1455  appraisal report sufficiently fulfills the components of
 1456  subsection (2). If the state land planning agency determines
 1457  that the report is insufficient, the governing body shall adopt
 1458  a revision of the report and submit the revised report for
 1459  review pursuant to subsection (6).
 1460         (8)The state land planning agency may delegate the review
 1461  of evaluation and appraisal reports, including all state land
 1462  planning agency duties under subsections (4)-(7), to the
 1463  appropriate regional planning council. When the review has been
 1464  delegated to a regional planning council, any local government
 1465  in the region may elect to have its report reviewed by the
 1466  regional planning council rather than the state land planning
 1467  agency. The state land planning agency shall by agreement
 1468  provide for uniform and adequate review of reports and shall
 1469  retain oversight for any delegation of review to a regional
 1470  planning council.
 1471         (7)(9) The state land planning agency may establish a
 1472  phased schedule for adoption of evaluation and appraisal report
 1473  based amendments reports. The schedule shall provide each local
 1474  government at least 7 years from plan adoption or last
 1475  established adoption date for evaluation and appraisal report
 1476  based amendments a report and shall allot approximately one
 1477  seventh of the reports to any 1 year. In order to allow the
 1478  municipalities to use data and analyses gathered by the
 1479  counties, the state land planning agency shall schedule
 1480  municipal evaluation and appraisal report based amendment report
 1481  adoption dates between 1 year and 18 months later than the
 1482  evaluation and appraisal report based amendment report adoption
 1483  date for the county in which those municipalities are located. A
 1484  local government may adopt its report no earlier than 90 days
 1485  prior to the established adoption date. Small municipalities
 1486  which were scheduled by chapter 9J-33, Florida Administrative
 1487  Code, to adopt their evaluation and appraisal report after
 1488  February 2, 1999, shall be rescheduled to adopt their report
 1489  together with the other municipalities in their county as
 1490  provided in this subsection.
 1491         (8)(10) The governing body shall amend its comprehensive
 1492  plan based on the recommendations in the report and shall update
 1493  the comprehensive plan based on the components of subsection (3)
 1494  (2), pursuant to the provisions of ss. 163.3184, 163.3187, and
 1495  163.3189. Amendments to update a comprehensive plan based on the
 1496  evaluation and appraisal report shall be adopted during a single
 1497  amendment cycle within the time period established by the state
 1498  land planning agency’s schedule authorized in subsection (7) 18
 1499  months after the report is determined to be sufficient by the
 1500  state land planning agency, except the state land planning
 1501  agency may grant an extension for adoption of a portion of such
 1502  amendments. The state land planning agency may grant a 6-month
 1503  extension for the adoption of such amendments if the request is
 1504  justified by good and sufficient cause as determined by the
 1505  agency. An additional extension may also be granted if the
 1506  request will result in greater coordination between
 1507  transportation and land use, for the purposes of improving
 1508  Florida’s transportation system, as determined by the agency in
 1509  coordination with the Metropolitan Planning Organization
 1510  program. Except for local governments exempted from preparing
 1511  evaluation and appraisal reports pursuant to subsection (1),
 1512  beginning July 1, 2006, failure to timely adopt and transmit
 1513  update amendments to the comprehensive plan based on the
 1514  evaluation and appraisal report shall result in a local
 1515  government being prohibited from adopting amendments to the
 1516  comprehensive plan until the evaluation and appraisal report
 1517  update amendments have been adopted and transmitted to the state
 1518  land planning agency. The prohibition on plan amendments shall
 1519  commence when the update amendments to the comprehensive plan
 1520  are past due. The comprehensive plan as amended shall be in
 1521  compliance as defined in s. 163.3184(1)(b). Within 6 months
 1522  after the effective date of the update amendments to the
 1523  comprehensive plan, the local government shall provide to the
 1524  state land planning agency and to all agencies designated by
 1525  rule a complete copy of the updated comprehensive plan.
 1526         (9)(11) The Administration Commission may impose the
 1527  sanctions provided by s. 163.3184(11) against any local
 1528  government that fails to adopt and submit a report, or that
 1529  fails to implement its report through timely and sufficient
 1530  amendments to its local plan, except for reasons of excusable
 1531  delay or valid planning reasons agreed to by the state land
 1532  planning agency or found present by the Administration
 1533  Commission. Sanctions for untimely or insufficient plan
 1534  amendments shall be prospective only and shall begin after a
 1535  final order has been issued by the Administration Commission and
 1536  a reasonable period of time has been allowed for the local
 1537  government to comply with an adverse determination by the
 1538  Administration Commission through adoption of plan amendments
 1539  that are in compliance. The state land planning agency may
 1540  initiate, and an affected person may intervene in, such a
 1541  proceeding by filing a petition with the Division of
 1542  Administrative Hearings, which shall appoint an administrative
 1543  law judge and conduct a hearing pursuant to ss. 120.569 and
 1544  120.57(1) and shall submit a recommended order to the
 1545  Administration Commission. The affected local government shall
 1546  be a party to any such proceeding. The commission may implement
 1547  this subsection by rule.
 1548         (10)(12) The state land planning agency may shall not adopt
 1549  rules to implement this section, other than procedural rules.
 1550         (13)The state land planning agency shall regularly review
 1551  the evaluation and appraisal report process and submit a report
 1552  to the Governor, the Administration Commission, the Speaker of
 1553  the House of Representatives, the President of the Senate, and
 1554  the respective community affairs committees of the Senate and
 1555  the House of Representatives. The first report shall be
 1556  submitted by December 31, 2004, and subsequent reports shall be
 1557  submitted every 5 years thereafter. At least 9 months before the
 1558  due date of each report, the Secretary of Community Affairs
 1559  shall appoint a technical committee of at least 15 members to
 1560  assist in the preparation of the report. The membership of the
 1561  technical committee shall consist of representatives of local
 1562  governments, regional planning councils, the private sector, and
 1563  environmental organizations. The report shall assess the
 1564  effectiveness of the evaluation and appraisal report process.
 1565         (11)(14) The requirement of subsection (8) (10) prohibiting
 1566  a local government from adopting amendments to the local
 1567  comprehensive plan until the evaluation and appraisal report
 1568  update amendments have been adopted and transmitted to the state
 1569  land planning agency does not apply to a plan amendment proposed
 1570  for adoption by the appropriate local government as defined in
 1571  s. 163.3178(2)(k) in order to integrate a port comprehensive
 1572  master plan with the coastal management element of the local
 1573  comprehensive plan as required by s. 163.3178(2)(k) if the port
 1574  comprehensive master plan or the proposed plan amendment does
 1575  not cause or contribute to the failure of the local government
 1576  to comply with the requirements of this section the evaluation
 1577  and appraisal report.
 1578         Section 16. Section 163.3245, Florida Statutes, is amended
 1579  to read:
 1580         163.3245 Optional Sector plans.—
 1581         (1) In recognition of the benefits of conceptual long-range
 1582  planning for the buildout of an area, and detailed planning for
 1583  specific areas, as a demonstration project, the requirements of
 1584  s. 380.06 may be addressed as identified by this section for up
 1585  to five local governments or combinations of local governments
 1586  may which adopt into their the comprehensive plans a plan an
 1587  optional sector plan in accordance with this section. This
 1588  section is intended to promote and encourage long-term planning
 1589  for conservation, development, and agriculture on a landscape
 1590  scale; to further the intent of s. 163.3177(11), which supports
 1591  innovative and flexible planning and development strategies, and
 1592  the purposes of this part, and part I of chapter 380 to
 1593  facilitate protection of regionally significant water courses
 1594  and wildlife corridors;, and to avoid duplication of effort in
 1595  terms of the level of data and analysis required for a
 1596  development of regional impact, while ensuring the adequate
 1597  mitigation of impacts to applicable regional resources and
 1598  facilities, including those within the jurisdiction of other
 1599  local governments, as would otherwise be provided. Optional
 1600  Sector plans are intended for substantial geographic areas that
 1601  include including at least 15,000 5,000 acres of one or more
 1602  local governmental jurisdictions and are to emphasize urban form
 1603  and protection of regionally significant resources and public
 1604  facilities. The state land planning agency may approve optional
 1605  sector plans of less than 5,000 acres based on local
 1606  circumstances if it is determined that the plan would further
 1607  the purposes of this part and part I of chapter 380. Preparation
 1608  of an optional sector plan is authorized by agreement between
 1609  the state land planning agency and the applicable local
 1610  governments under s. 163.3171(4). An optional sector plan may be
 1611  adopted through one or more comprehensive plan amendments under
 1612  s. 163.3184. However, an optional A sector plan may not be
 1613  adopted authorized in an area of critical state concern.
 1614         (2) Upon the request of a local government having
 1615  jurisdiction, The state land planning agency may enter into an
 1616  agreement to authorize preparation of an optional sector plan
 1617  upon the request of one or more local governments based on
 1618  consideration of problems and opportunities presented by
 1619  existing development trends; the effectiveness of current
 1620  comprehensive plan provisions; the potential to further the
 1621  state comprehensive plan, applicable strategic regional policy
 1622  plans, this part, and part I of chapter 380; and those factors
 1623  identified by s. 163.3177(10)(i). the applicable regional
 1624  planning council shall conduct a scoping meeting with affected
 1625  local governments and those agencies identified in s.
 1626  163.3184(4) before preparation of the sector plan execution of
 1627  the agreement authorized by this section. The purpose of this
 1628  meeting is to assist the state land planning agency and the
 1629  local government in the identification of the relevant planning
 1630  issues to be addressed and the data and resources available to
 1631  assist in the preparation of the sector plan. If a scoping
 1632  meeting is conducted, subsequent plan amendments. the regional
 1633  planning council shall make written recommendations to the state
 1634  land planning agency and affected local governments on the
 1635  issues requested by the local government. The scoping meeting
 1636  shall be noticed and open to the public. If the entire planning
 1637  area proposed for the sector plan is within the jurisdiction of
 1638  two or more local governments, some or all of them may enter
 1639  into a joint planning agreement pursuant to s. 163.3171 with
 1640  respect to, including whether a sustainable sector plan would be
 1641  appropriate. The agreement must define the geographic area to be
 1642  subject to the sector plan, the planning issues that will be
 1643  emphasized, procedures requirements for intergovernmental
 1644  coordination to address extrajurisdictional impacts, supporting
 1645  application materials including data and analysis, and
 1646  procedures for public participation, or other issues. An
 1647  agreement may address previously adopted sector plans that are
 1648  consistent with the standards in this section. Before executing
 1649  an agreement under this subsection, the local government shall
 1650  hold a duly noticed public workshop to review and explain to the
 1651  public the optional sector planning process and the terms and
 1652  conditions of the proposed agreement. The local government shall
 1653  hold a duly noticed public hearing to execute the agreement. All
 1654  meetings between the department and the local government must be
 1655  open to the public.
 1656         (3) Optional Sector planning encompasses two levels:
 1657  adoption pursuant to under s. 163.3184 of a conceptual long-term
 1658  master plan for the entire planning area as part of the
 1659  comprehensive plan, and adoption by local development order of
 1660  two or more buildout overlay to the comprehensive plan, having
 1661  no immediate effect on the issuance of development orders or the
 1662  applicability of s. 380.06, and adoption under s. 163.3184 of
 1663  detailed specific area plans that implement the conceptual long
 1664  term master plan buildout overlay and authorize issuance of
 1665  development orders, and within which s. 380.06 is waived. Until
 1666  such time as a detailed specific area plan is adopted, the
 1667  underlying future land use designations apply.
 1668         (a) In addition to the other requirements of this chapter,
 1669  a long-term master plan pursuant to this section conceptual
 1670  long-term buildout overlay must include maps, illustrations, and
 1671  text supported by data and analysis to address the following:
 1672         1. A long-range conceptual framework map that:
 1673         a. At a minimum, generally depicts identifies anticipated
 1674  areas of urban, agricultural, rural, and conservation land use;
 1675  and
 1676         b. Identifies allowed uses in various parts of the planning
 1677  area, specifies maximum and minimum densities and intensities of
 1678  use, and provides the conceptual framework for the development
 1679  pattern in developed areas with graphic illustrations based on a
 1680  hierarchy of places and functional place-making components.
 1681         2.A general identification of the water supplies needed
 1682  and available sources of water, including water resource
 1683  development and water supply development projects, and water
 1684  conservation measures needed to meet the projected demand of the
 1685  future land uses in the long-term master plan.
 1686         3.A general identification of the transportation
 1687  facilities to serve the future land uses in the long-term master
 1688  plan, including guidelines to be used to establish each modal
 1689  component intended to optimize mobility.
 1690         4.2.A general identification of other regionally
 1691  significant public facilities consistent with chapter 9J-2,
 1692  Florida Administrative Code, irrespective of local governmental
 1693  jurisdiction necessary to support buildout of the anticipated
 1694  future land uses, which may include central utilities provided
 1695  on-site within the planning area, and policies setting forth the
 1696  procedures to be used to mitigate the impacts of future land
 1697  uses on public facilities.
 1698         5.3.A general identification of regionally significant
 1699  natural resources within the planning area and policies setting
 1700  forth the procedures for protection or conservation of specific
 1701  resources consistent with the overall conservation and
 1702  development strategy for the planning area consistent with
 1703  chapter 9J-2, Florida Administrative Code.
 1704         6.4.General principles and guidelines addressing that
 1705  address the urban form and the interrelationships of anticipated
 1706  future land uses, the protection and, as appropriate,
 1707  restoration and management of lands identified for permanent
 1708  preservation, and a discussion, at the applicant’s option, of
 1709  the extent, if any, to which the plan will address restoring key
 1710  ecosystems, achieving a more clean, healthy environment,
 1711  limiting urban sprawl, providing a range of housing types,
 1712  protecting wildlife and natural areas, advancing the efficient
 1713  use of land and other resources, and creating quality
 1714  communities of a design that promotes travel by multiple
 1715  transportation modes, and enhancing the prospects for the
 1716  creation of jobs.
 1717         7.5. Identification of general procedures and policies to
 1718  facilitate ensure intergovernmental coordination to address
 1719  extrajurisdictional impacts from future land uses the long-range
 1720  conceptual framework map.
 1721  
 1722  A long-term master plan adopted pursuant to this section must be
 1723  based upon a planning period longer than the generally
 1724  applicable planning period of the local comprehensive plan, must
 1725  specify the projected population within the planning area during
 1726  the chosen planning period, and may include a phasing or staging
 1727  schedule that allocates a portion of the local government’s
 1728  future growth to the planning area through the planning period.
 1729  A long-term master plan adopted pursuant to this section is not
 1730  required to demonstrate need based upon projected population
 1731  growth or on any other basis.
 1732         (b) In addition to the other requirements of this chapter,
 1733  including those in paragraph (a), the detailed specific area
 1734  plans shall be consistent with the long-term master plan and
 1735  must include conditions and commitments that provide for:
 1736         1. Development or conservation of an area of adequate size
 1737  to accommodate a level of development which achieves a
 1738  functional relationship between a full range of land uses within
 1739  the area and to encompass at least 1,000 acres consistent with
 1740  the long-term master plan. The local government state land
 1741  planning agency may approve detailed specific area plans of less
 1742  than 1,000 acres based on local circumstances if it is
 1743  determined that the detailed specific area plan furthers the
 1744  purposes of this part and part I of chapter 380.
 1745         2. Detailed identification and analysis of the maximum and
 1746  minimum densities and intensities of use, and the distribution,
 1747  extent, and location of future land uses.
 1748         3. Detailed identification of water resource development
 1749  and water supply development projects and related
 1750  infrastructure, and water conservation measures to address water
 1751  needs of development in the detailed specific area plan.
 1752         4.Detailed identification of the transportation facilities
 1753  to serve the future land uses in the detailed specific area
 1754  plan.
 1755         5. Detailed identification of other regionally significant
 1756  public facilities, including public facilities outside the
 1757  jurisdiction of the host local government, anticipated impacts
 1758  of future land uses on those facilities, and required
 1759  improvements consistent with the long-term master plan chapter
 1760  9J-2, Florida Administrative Code.
 1761         6.4. Public facilities necessary to serve development in
 1762  the detailed specific area plan for the short term, including
 1763  developer contributions in a financially feasible 5-year capital
 1764  improvement schedule of the affected local government.
 1765         7.5. Detailed analysis and identification of specific
 1766  measures to assure the protection or conservation of lands
 1767  identified in the long-term master plan to be permanently
 1768  preserved and, as appropriate, restored or managed, of
 1769  regionally significant natural resources and other important
 1770  resources both within and outside the host jurisdiction,
 1771  including those regionally significant resources identified in
 1772  chapter 9J-2, Florida Administrative Code.
 1773         8.6.Detailed principles and guidelines addressing that
 1774  address the urban form and the interrelationships of anticipated
 1775  future land uses; and a discussion, at the applicant’s option,
 1776  of the extent, if any, to which the plan will address restoring
 1777  key ecosystems, achieving a more clean, healthy environment;,
 1778  limiting urban sprawl;, providing a range of housing types;
 1779  protecting wildlife and natural areas;, advancing the efficient
 1780  use of land and other resources;, and creating quality
 1781  communities of a design that promotes travel by multiple
 1782  transportation modes; and enhancing the prospects for the
 1783  creation of jobs.
 1784         9.7. Identification of specific procedures to facilitate
 1785  ensure intergovernmental coordination to address
 1786  extrajurisdictional impacts from of the detailed specific area
 1787  plan.
 1788  
 1789  A detailed specific area plan adopted by local development order
 1790  pursuant to this section may be based upon a planning period
 1791  longer than the generally applicable planning period of the
 1792  local comprehensive plan and must specify the projected
 1793  population within the specific planning area during the chosen
 1794  planning period. A detailed specific area plan adopted pursuant
 1795  to this section is not required to demonstrate need based upon
 1796  projected population growth or on any other basis.
 1797         (c) In its review of a long-term master plan, the state
 1798  land planning agency shall consult with the Department of
 1799  Agriculture and Consumer Services, the Department of
 1800  Environmental Protection, the Florida Fish and Wildlife
 1801  Conservation Commission, and the applicable water management
 1802  district regarding the design of areas for protection and
 1803  conservation of regionally significant natural resources and for
 1804  the protection and, as appropriate, restoration and management
 1805  of lands identified for permanent preservation.
 1806         (d)The state land planning agency may initiate a civil
 1807  action pursuant to s. 163.3215 with respect to a detailed
 1808  specific area plan that is not consistent with a long-term
 1809  master plan adopted pursuant to this section. For purposes of
 1810  such a proceeding, the state land planning agency shall be
 1811  deemed an aggrieved and adversely affected party. Regardless of
 1812  whether the local government has adopted an ordinance that
 1813  establishes a local process that meets the requirements of s.
 1814  163.3215(4), judicial review of a detailed specific area plan
 1815  initiated by the state land planning agency shall be de novo
 1816  pursuant to s. 163.3215(3) and not by petition for writ of
 1817  certiorari pursuant to s. 163.3215(4). Any other aggrieved or
 1818  adversely affected party is subject to s. 163.3215 in all
 1819  respects when initiating a consistency challenge to a detailed
 1820  specific area plan.
 1821         (e) This subsection does may not be construed to prevent
 1822  preparation and approval of the optional sector plan and
 1823  detailed specific area plan concurrently or in the same
 1824  submission.
 1825         (4) Upon the long-term master plan becoming legally
 1826  effective:
 1827         (a)Any long-range transportation plan developed by a
 1828  metropolitan planning organization pursuant to s. 339.175(7)
 1829  shall be consistent, to the maximum extent feasible, with the
 1830  long-term master plan, including but not limited to the
 1831  projected population, the approved uses and densities and
 1832  intensities of use and their distribution within the planning
 1833  area; and the transportation facilities identified in adopted
 1834  plans pursuant to subparagraphs (3)(a)3. and (3)(b)4.
 1835         (b)The water needs, sources and water resource development
 1836  and water supply development projects identified in adopted
 1837  plans pursuant to subparagraphs (3)(a)2. and (3)(b)3. shall be
 1838  incorporated into the applicable district and regional water
 1839  supply plans adopted in accordance with ss. 373.036 and 373.709.
 1840  Accordingly, and notwithstanding the permit durations stated in
 1841  s. 373.236, an applicant may request and the applicable district
 1842  may issue consumptive use permits for durations commensurate
 1843  with the long-term master plan. The permitting criteria in s.
 1844  373.223 shall be applied based upon the projected population,
 1845  the approved densities and intensities of use, and their
 1846  distribution in the long-term master plan. The host local
 1847  government shall submit a monitoring report to the state land
 1848  planning agency and applicable regional planning council on an
 1849  annual basis after adoption of a detailed specific area plan.
 1850  The annual monitoring report must provide summarized information
 1851  on development orders issued, development that has occurred,
 1852  public facility improvements made, and public facility
 1853  improvements anticipated over the upcoming 5 years.
 1854         (5) When a plan amendment adopting a detailed specific area
 1855  plan has become effective for a portion of the planning area
 1856  governed by a long-term master plan adopted pursuant to this
 1857  section under ss. 163.3184 and 163.3189(2), the provisions of s.
 1858  380.06 do not apply to development within the geographic area of
 1859  the detailed specific area plan. However, any development-of
 1860  regional-impact development order that is vested from the
 1861  detailed specific area plan may be enforced pursuant to under s.
 1862  380.11.
 1863         (a) The local government adopting the detailed specific
 1864  area plan is primarily responsible for monitoring and enforcing
 1865  the detailed specific area plan. Local governments shall not
 1866  issue any permits or approvals or provide any extensions of
 1867  services to development which that are not consistent with the
 1868  detailed sector area plan.
 1869         (b) If the state land planning agency has reason to believe
 1870  that a violation of any detailed specific area plan, or of any
 1871  agreement entered into under this section, has occurred or is
 1872  about to occur, it may institute an administrative or judicial
 1873  proceeding to prevent, abate, or control the conditions or
 1874  activity creating the violation, using the procedures in s.
 1875  380.11.
 1876         (c) In instituting an administrative or judicial proceeding
 1877  involving a an optional sector plan or detailed specific area
 1878  plan, including a proceeding pursuant to paragraph (b), the
 1879  complaining party shall comply with the requirements of s.
 1880  163.3215(4), (5), (6), and (7), except as provided in paragraph
 1881  (3)(d).
 1882         (d)The detailed specific area plan must establish a
 1883  buildout date until which the approved development is not
 1884  subject to downzoning, unit density reduction, or intensity
 1885  reduction, unless the local government can demonstrate that
 1886  implementation of the plan is not continuing in good faith based
 1887  on standards established by plan policy, or that substantial
 1888  changes in the conditions underlying the approval of the
 1889  detailed specific area plan have occurred, or that the detailed
 1890  specific area plan was based on substantially inaccurate
 1891  information provided by the applicant, or that the change is
 1892  clearly established to be essential to the public health,
 1893  safety, or welfare.
 1894         (6) Concurrent with or subsequent to review and adoption of
 1895  a long-term master plan pursuant to paragraph (3)(a), an
 1896  applicant may apply for master development approval pursuant to
 1897  s. 380.06(21) for the entire planning area in order to establish
 1898  a buildout date until which the approved uses and densities and
 1899  intensities of use of the master plan are not subject to
 1900  downzoning, unit density reduction, or intensity reduction,
 1901  unless the local government can demonstrate that implementation
 1902  of the master plan is not continuing in good faith based on
 1903  standards established by plan policy, or that substantial
 1904  changes in the conditions underlying the approval of the master
 1905  plan have occurred, or that the master plan was based on
 1906  substantially inaccurate information provided by the applicant,
 1907  or that change is clearly established to be essential to the
 1908  public health, safety, or welfare. Review of the application for
 1909  master development approval shall be at a level of detail
 1910  appropriate for the long-term and conceptual nature of the long
 1911  term master plan and, to the maximum extent possible, shall only
 1912  consider information provided in the application for a long-term
 1913  master plan. Notwithstanding any provision of s. 380.06 to the
 1914  contrary, an increment of development in such an approved master
 1915  development plan shall be approved by a detailed specific area
 1916  plan pursuant to paragraph (3)(b) and is exempt from review
 1917  pursuant to s 380.06. Beginning December 1, 1999, and each year
 1918  thereafter, the department shall provide a status report to the
 1919  Legislative Committee on Intergovernmental Relations regarding
 1920  each optional sector plan authorized under this section.
 1921         (7) A developer within an area subject to a long-term
 1922  master plan that meets the requirements of paragraph (3)(a) and
 1923  subsection (6) or a detailed specific area plan that meets the
 1924  requirements of paragraph (3)(b) may enter into a development
 1925  agreement with a local government pursuant to ss. 163.3220
 1926  163.3243. The duration of such a development agreement may be
 1927  through the planning period of the long-term master plan or the
 1928  detailed specific area plan, as the case may be, notwithstanding
 1929  the limit on the duration of a development agreement pursuant to
 1930  s. 163.3229.
 1931         (8)Any owner of property within the planning area of a
 1932  proposed long-term master plan may withdraw his consent to the
 1933  master plan at any time prior to local government adoption, and
 1934  the local government shall exclude such parcels from the adopted
 1935  master plan. Thereafter, the long-term master plan, any detailed
 1936  specific area plan, and the exemption from development-of
 1937  regional-impact review under this section do not apply to the
 1938  subject parcels. After adoption of a long-term master plan, an
 1939  owner may withdraw his or her property from the master plan only
 1940  with the approval of the local government by plan amendment.
 1941         (9)The adoption of a long-term master plan or a detailed
 1942  specific area plan pursuant to this section does not limit the
 1943  right to continue existing agricultural or silvicultural uses or
 1944  other natural resource-based operations or to establish similar
 1945  new uses that are consistent with the plans approved pursuant to
 1946  this section.
 1947         (10)Notwithstanding any provision to the contrary of s.
 1948  380.06; this part II; or any planning agreement or plan policy,
 1949  a landowner or developer who has received approval of a master
 1950  development of regional impact development order pursuant to s.
 1951  380.06(21) may apply to implement this order by filing one or
 1952  more applications to approve a detailed specific area plan
 1953  pursuant to paragraph (3)(b).
 1954         (11)Notwithstanding the provisions of this section, a
 1955  detailed specific area plan to implement a conceptual long-term
 1956  buildout overlay, adopted by a local government and found in
 1957  compliance before July 1, 2011, shall be governed by the
 1958  provisions of this section.
 1959         (12) This section may not be construed to abrogate the
 1960  rights of any person under this chapter.
 1961         Section 17. Subsection (9) of section 163.3246, Florida
 1962  Statutes, is amended to read:
 1963         163.3246 Local government comprehensive planning
 1964  certification program.—
 1965         (9)(a) Upon certification all comprehensive plan amendments
 1966  associated with the area certified must be adopted and reviewed
 1967  in the manner described in ss. 163.3184(1), (2), (7), (14),
 1968  (15), and (16) and 163.3187, such that state and regional agency
 1969  review is eliminated. The department may not issue any
 1970  objections, recommendations, and comments report on proposed
 1971  plan amendments or a notice of intent on adopted plan
 1972  amendments; however, affected persons, as defined by s.
 1973  163.3184(1)(a), may file a petition for administrative review
 1974  pursuant to the requirements of s. 163.3187(3)(a) to challenge
 1975  the compliance of an adopted plan amendment.
 1976         (b) Plan amendments that change the boundaries of the
 1977  certification area; propose a rural land stewardship area
 1978  pursuant to s. 163.3177(11)(d); propose a an optional sector
 1979  plan pursuant to s. 163.3245; propose a school facilities
 1980  element; update a comprehensive plan based on an evaluation and
 1981  appraisal report; impact lands outside the certification
 1982  boundary; implement new statutory requirements that mandate
 1983  require specific comprehensive plan amendments; or increase
 1984  hurricane evacuation times or the need for shelter capacity on
 1985  lands within the coastal high-hazard area shall be reviewed
 1986  pursuant to ss. 163.3184 and 163.3187.
 1987         Section 18. Section 163.32465, Florida Statutes, is amended
 1988  to read:
 1989         163.32465 State review of local comprehensive plans in
 1990  urban areas.—
 1991         (1) LEGISLATIVE FINDINGS.—
 1992         (a) The Legislature finds that local governments in this
 1993  state have a wide diversity of resources, conditions, abilities,
 1994  and needs. The Legislature also finds that comprehensive
 1995  planning has been implemented throughout the state and that it
 1996  is appropriate for local governments to have the primary role in
 1997  planning for their growth. the needs and resources of urban
 1998  areas are different from those of rural areas and that different
 1999  planning and growth management approaches, strategies, and
 2000  techniques are required in urban areas. The state role in
 2001  overseeing growth management should reflect this diversity and
 2002  should vary based on local government conditions, capabilities,
 2003  needs, and extent of development. Thus, the Legislature
 2004  recognizes and finds that reduced state oversight of local
 2005  comprehensive planning is justified for some local governments
 2006  in urban areas.
 2007         (b) The Legislature finds and declares that this state’s
 2008  local governments urban areas require a reduced level of state
 2009  oversight because of their high degree of urbanization and the
 2010  planning capabilities and resources of many of their local
 2011  governments. An alternative state review process that is
 2012  adequate to protect issues of regional or statewide importance
 2013  should be created for appropriate local governments in these
 2014  areas. Further, the Legislature finds that development,
 2015  including urban infill and redevelopment, should be encouraged
 2016  in these urban areas. The Legislature finds that an alternative
 2017  Accordingly, the process provided by this section for amending
 2018  local comprehensive plans is in these areas should be
 2019  established with the an objective of streamlining the process
 2020  and recognizing local responsibility and accountability.
 2021         (c)The Legislature finds a pilot program will be
 2022  beneficial in evaluating an alternative, expedited plan
 2023  amendment adoption and review process. Pilot local governments
 2024  shall represent highly developed counties and the municipalities
 2025  within these counties and highly populated municipalities.
 2026         (2) APPLICABILITY ALTERNATIVE STATE REVIEW PROCESS PILOT
 2027  PROGRAM.—The process for amending a comprehensive plan described
 2028  in this section is applicable statewide. Pinellas and Broward
 2029  Counties, and the municipalities within these counties, and
 2030  Jacksonville, Miami, Tampa, and Hialeah shall follow an
 2031  alternative state review process provided in this section.
 2032  Municipalities within the pilot counties may elect, by super
 2033  majority vote of the governing body, not to participate in the
 2034  pilot program. In addition to the pilot program jurisdictions,
 2035  any local government may use the alternative state review
 2036  process to designate an urban service area as defined in s.
 2037  163.3164(29) in its comprehensive plan.
 2038         (3) PROCESS FOR ADOPTION OF COMPREHENSIVE PLAN AMENDMENTS
 2039  UNDER THE PILOT PROGRAM.—
 2040         (a) Plan amendments adopted by local governments are
 2041  subject to the pilot program jurisdictions shall follow the
 2042  alternate, expedited process in subsections (4) and (5), except
 2043  as set forth in paragraphs (b)-(e) of this subsection.
 2044         (b) Amendments that qualify as small-scale development
 2045  amendments may continue to be adopted by the pilot program
 2046  jurisdictions pursuant to s. 163.3187(1)(c) and (3).
 2047         (c) Plan amendments that propose a rural land stewardship
 2048  area pursuant to s. 163.3177(11)(d); propose an optional sector
 2049  plan; update a comprehensive plan based on an evaluation and
 2050  appraisal report; implement new statutory requirements; or new
 2051  plans for newly incorporated municipalities are subject to state
 2052  review as set forth in s. 163.3184.
 2053         (d) Local governments are Pilot program jurisdictions shall
 2054  be subject to the frequency and timing requirements for plan
 2055  amendments set forth in ss. 163.3187 and 163.3191, except where
 2056  otherwise stated in this section.
 2057         (e) The mediation and expedited hearing provisions in s.
 2058  163.3189(3) apply to all plan amendments adopted pursuant to
 2059  this section by the pilot program jurisdictions.
 2060         (4) INITIAL HEARING ON COMPREHENSIVE PLAN AMENDMENT FOR
 2061  PILOT PROGRAM.—
 2062         (a) The local government shall hold its first public
 2063  hearing on a comprehensive plan amendment on a weekday at least
 2064  7 days after the day the first advertisement is published
 2065  pursuant to the requirements of chapter 125 or chapter 166. Upon
 2066  an affirmative vote of not less than a majority of the members
 2067  of the governing body present at the hearing, the local
 2068  government shall immediately transmit the amendment or
 2069  amendments and appropriate supporting data and analyses to the
 2070  state land planning agency; the appropriate regional planning
 2071  council and water management district; the Department of
 2072  Environmental Protection; the Department of State; the
 2073  Department of Transportation; in the case of municipal plans, to
 2074  the appropriate county; the Fish and Wildlife Conservation
 2075  Commission; the Department of Agriculture and Consumer Services;
 2076  and in the case of amendments that include or impact the public
 2077  school facilities element, the Office of Educational Facilities
 2078  of the Commissioner of Education. The local governing body shall
 2079  also transmit a copy of the amendments and supporting data and
 2080  analyses to any other local government or governmental agency
 2081  that has filed a written request with the governing body.
 2082         (b) The agencies and local governments specified in
 2083  paragraph (a) may provide comments regarding the amendment or
 2084  amendments to the local government. The regional planning
 2085  council review and comment shall be limited to effects on
 2086  regional resources or facilities identified in the strategic
 2087  regional policy plan and extrajurisdictional impacts that would
 2088  be inconsistent with the comprehensive plan of the affected
 2089  local government. A regional planning council shall not review
 2090  and comment on a proposed comprehensive plan amendment prepared
 2091  by such council unless the plan amendment has been changed by
 2092  the local government subsequent to the preparation of the plan
 2093  amendment by the regional planning council. County comments on
 2094  municipal comprehensive plan amendments shall be primarily in
 2095  the context of the relationship and effect of the proposed plan
 2096  amendments on the county plan. Municipal comments on county plan
 2097  amendments shall be primarily in the context of the relationship
 2098  and effect of the amendments on the municipal plan. State agency
 2099  comments may include technical guidance on issues of agency
 2100  jurisdiction as it relates to the requirements of this part.
 2101  Such comments shall clearly identify issues that, if not
 2102  resolved, may result in an agency challenge to the plan
 2103  amendment. For the purposes of this pilot program, Agencies are
 2104  encouraged to focus potential challenges on issues of regional
 2105  or statewide importance. Agencies and local governments must
 2106  transmit their comments to the affected local government such
 2107  that they are received by the local government not later than 30
 2108  thirty days from the date on which the agency or government
 2109  received the amendment or amendments.
 2110         (5) ADOPTION OF COMPREHENSIVE PLAN AMENDMENT FOR PILOT
 2111  AREAS.—
 2112         (a) The local government shall hold its second public
 2113  hearing, which shall be a hearing on whether to adopt one or
 2114  more comprehensive plan amendments, on a weekday at least 5 days
 2115  after the day the second advertisement is published pursuant to
 2116  the requirements of chapter 125 or chapter 166. Adoption of
 2117  comprehensive plan amendments must be by ordinance and requires
 2118  an affirmative vote of a majority of the members of the
 2119  governing body present at the second hearing.
 2120         (b) All comprehensive plan amendments adopted by the
 2121  governing body along with the supporting data and analysis shall
 2122  be transmitted within 10 days of the second public hearing to
 2123  the state land planning agency and any other agency or local
 2124  government that provided timely comments under paragraph (4)(b).
 2125         (6) ADMINISTRATIVE CHALLENGES TO PLAN AMENDMENTS FOR PILOT
 2126  PROGRAM.—
 2127         (a) Any “affected person” as defined in s. 163.3184(1)(a)
 2128  may file a petition with the Division of Administrative Hearings
 2129  pursuant to ss. 120.569 and 120.57, with a copy served on the
 2130  affected local government, to request a formal hearing to
 2131  challenge whether the amendments are “in compliance” as defined
 2132  in s. 163.3184(1)(b). This petition must be filed with the
 2133  Division within 30 days after the local government adopts the
 2134  amendment. The state land planning agency may intervene in a
 2135  proceeding instituted by an affected person.
 2136         (b) The state land planning agency may file a petition with
 2137  the Division of Administrative Hearings pursuant to ss. 120.569
 2138  and 120.57, with a copy served on the affected local government,
 2139  to request a formal hearing. This petition must be filed with
 2140  the Division within 30 days after the state land planning agency
 2141  notifies the local government that the plan amendment package is
 2142  complete. For purposes of this section, an adopted amendment
 2143  package shall be deemed complete if it contains a full, executed
 2144  copy of the adoption ordinance or ordinances; in the case of a
 2145  text amendment, a full copy of the amended language in
 2146  legislative format with new words inserted in the text
 2147  underlined, and words to be deleted lined through with hyphens;
 2148  in the case of a future land use map amendment, a copy of the
 2149  future land use map clearly depicting the parcel, its existing
 2150  future land use designation, and its adopted designation; and a
 2151  copy of any data and analyses the local government deems
 2152  appropriate. The state land planning agency shall notify the
 2153  local government of any deficiencies within 5 working days of
 2154  receipt of an amendment package.
 2155         (c) The state land planning agency’s challenge shall be
 2156  limited to those issues raised in the comments provided by the
 2157  reviewing agencies pursuant to paragraph (4)(b). The state land
 2158  planning agency may challenge a plan amendment that has
 2159  substantially changed from the version on which the agencies
 2160  provided comments. For the purposes of this pilot program, The
 2161  Legislature strongly encourages the state land planning agency
 2162  to focus any challenge on issues of regional or statewide
 2163  importance.
 2164         (d) An administrative law judge shall hold a hearing in the
 2165  affected local jurisdiction. The local government’s
 2166  determination that the amendment is “in compliance” is presumed
 2167  to be correct and shall be sustained unless it is shown by a
 2168  preponderance of the evidence that the amendment is not “in
 2169  compliance.”
 2170         (e) If the administrative law judge recommends that the
 2171  amendment be found not in compliance, the judge shall submit the
 2172  recommended order to the Administration Commission for final
 2173  agency action. The Administration Commission shall enter a final
 2174  order within 45 days after its receipt of the recommended order.
 2175         (f) If the administrative law judge recommends that the
 2176  amendment be found in compliance, the judge shall submit the
 2177  recommended order to the state land planning agency.
 2178         1. If the state land planning agency determines that the
 2179  plan amendment should be found not in compliance, the agency
 2180  shall refer, within 30 days of receipt of the recommended order,
 2181  the recommended order and its determination to the
 2182  Administration Commission for final agency action. If the
 2183  commission determines that the amendment is not in compliance,
 2184  it may sanction the local government as set forth in s.
 2185  163.3184(11).
 2186         2. If the state land planning agency determines that the
 2187  plan amendment should be found in compliance, the agency shall
 2188  enter its final order not later than 30 days from receipt of the
 2189  recommended order.
 2190         (g) An amendment adopted under the expedited provisions of
 2191  this section shall not become effective until 31 days after
 2192  adoption. If timely challenged, an amendment shall not become
 2193  effective until the state land planning agency or the
 2194  Administration Commission enters a final order determining the
 2195  adopted amendment to be in compliance.
 2196         (h) Parties to a proceeding under this section may enter
 2197  into compliance agreements using the process in s. 163.3184(16).
 2198  Any remedial amendment adopted pursuant to a settlement
 2199  agreement shall be provided to the agencies and governments
 2200  listed in paragraph (4)(a).
 2201         (7)APPLICABILITY OF PILOT PROGRAM IN CERTAIN LOCAL
 2202  GOVERNMENTS.—Local governments and specific areas that have been
 2203  designated for alternate review process pursuant to ss. 163.3246
 2204  and 163.3184(17) and (18) are not subject to this section.
 2205         (8)RULEMAKING AUTHORITY FOR PILOT PROGRAM.—Agencies shall
 2206  not promulgate rules to implement this pilot program.
 2207         (9)REPORT.—The Office of Program Policy Analysis and
 2208  Government Accountability shall submit to the Governor, the
 2209  President of the Senate, and the Speaker of the House of
 2210  Representatives by December 1, 2008, a report and
 2211  recommendations for implementing a statewide program that
 2212  addresses the legislative findings in subsection (1) in areas
 2213  that meet urban criteria. The Office of Program Policy Analysis
 2214  and Government Accountability in consultation with the state
 2215  land planning agency shall develop the report and
 2216  recommendations with input from other state and regional
 2217  agencies, local governments, and interest groups. Additionally,
 2218  the office shall review local and state actions and
 2219  correspondence relating to the pilot program to identify issues
 2220  of process and substance in recommending changes to the pilot
 2221  program. At a minimum, the report and recommendations shall
 2222  include the following:
 2223         (a)Identification of local governments beyond those
 2224  participating in the pilot program that should be subject to the
 2225  alternative expedited state review process. The report may
 2226  recommend that pilot program local governments may no longer be
 2227  appropriate for such alternative review process.
 2228         (b)Changes to the alternative expedited state review
 2229  process for local comprehensive plan amendments identified in
 2230  the pilot program.
 2231         (c)Criteria for determining issues of regional or
 2232  statewide importance that are to be protected in the alternative
 2233  state review process.
 2234         (d)In preparing the report and recommendations, the Office
 2235  of Program Policy Analysis and Government Accountability shall
 2236  consult with the state land planning agency, the Department of
 2237  Transportation, the Department of Environmental Protection, and
 2238  the regional planning agencies in identifying highly developed
 2239  local governments to participate in the alternative expedited
 2240  state review process. The Office of Program Policy Analysis and
 2241  Governmental Accountability shall also solicit citizen input in
 2242  the potentially affected areas and consult with the affected
 2243  local governments and stakeholder groups.
 2244         Section 19. Section 215.559, Florida Statutes, is amended
 2245  to read:
 2246         215.559 Hurricane Loss Mitigation Program.—
 2247         (1) There is created A Hurricane Loss Mitigation Program is
 2248  established in the Office of Emergency Management.
 2249         (1) The Legislature shall annually appropriate $10 million
 2250  of the moneys authorized for appropriation under s.
 2251  215.555(7)(c) from the Florida Hurricane Catastrophe Fund to the
 2252  office Department of Community Affairs for the purposes set
 2253  forth in this section. Of the amount:
 2254         (2)(a) Seven million dollars in funds provided in
 2255  subsection (1) shall be used for programs to improve the wind
 2256  resistance of residences and mobile homes, including loans,
 2257  subsidies, grants, demonstration projects, and direct
 2258  assistance; educating persons concerning the Florida Building
 2259  Code cooperative programs with local governments and the Federal
 2260  Government; and other efforts to prevent or reduce losses or
 2261  reduce the cost of rebuilding after a disaster.
 2262         (b) Three million dollars in funds provided in subsection
 2263  (1) shall be used to retrofit existing facilities used as public
 2264  hurricane shelters. Each year the office shall department must
 2265  prioritize the use of these funds for projects included in the
 2266  annual report of the September 1, 2000, version of the Shelter
 2267  Retrofit Report prepared in accordance with s. 252.385(3), and
 2268  each annual report thereafter. The office department must give
 2269  funding priority to projects in regional planning council
 2270  regions that have shelter deficits and to projects that maximize
 2271  the use of state funds.
 2272         (2)(3)(a) Forty percent of the total appropriation in
 2273  paragraph (1)(a) (2)(a) shall be used to inspect and improve
 2274  tie-downs for mobile homes.
 2275         (b)1. There is created The Manufactured Housing and Mobile
 2276  Home Mitigation and Enhancement Program is established. The
 2277  program shall require the mitigation of damage to or the
 2278  enhancement of homes for the areas of concern raised by the
 2279  Department of Highway Safety and Motor Vehicles in the 2004-2005
 2280  Hurricane Reports on the effects of the 2004 and 2005 hurricanes
 2281  on manufactured and mobile homes in this state. The mitigation
 2282  or enhancement must include, but need not be limited to,
 2283  problems associated with weakened trusses, studs, and other
 2284  structural components caused by wood rot or termite damage;
 2285  site-built additions; or tie-down systems and may also address
 2286  any other issues deemed appropriate by Tallahassee Community
 2287  College, the Federation of Manufactured Home Owners of Florida,
 2288  Inc., the Florida Manufactured Housing Association, and the
 2289  Department of Highway Safety and Motor Vehicles. The program
 2290  shall include an education and outreach component to ensure that
 2291  owners of manufactured and mobile homes are aware of the
 2292  benefits of participation.
 2293         2. The program shall be a grant program that ensures that
 2294  entire manufactured home communities and mobile home parks may
 2295  be improved wherever practicable. The moneys appropriated for
 2296  this program shall be distributed directly to Tallahassee
 2297  Community College for the uses set forth under this subsection.
 2298         3. Upon evidence of completion of the program, the Citizens
 2299  Property Insurance Corporation shall grant, on a pro rata basis,
 2300  actuarially reasonable discounts, credits, or other rate
 2301  differentials or appropriate reductions in deductibles for the
 2302  properties of owners of manufactured homes or mobile homes on
 2303  which fixtures or construction techniques that have been
 2304  demonstrated to reduce the amount of loss in a windstorm have
 2305  been installed or implemented. The discount on the premium must
 2306  be applied to subsequent renewal premium amounts. Premiums of
 2307  the Citizens Property Insurance Corporation must reflect the
 2308  location of the home and the fact that the home has been
 2309  installed in compliance with building codes adopted after
 2310  Hurricane Andrew. Rates resulting from the completion of the
 2311  Manufactured Housing and Mobile Home Mitigation and Enhancement
 2312  Program are not considered competitive rates for the purposes of
 2313  s. 627.351(6)(d)1. and 2.
 2314         4. On or before January 1 of each year, Tallahassee
 2315  Community College shall provide a report of activities under
 2316  this subsection to the Governor, the President of the Senate,
 2317  and the Speaker of the House of Representatives. The report must
 2318  set forth the number of homes that have taken advantage of the
 2319  program, the types of enhancements and improvements made to the
 2320  manufactured or mobile homes and attachments to such homes, and
 2321  whether there has been an increase in availability of insurance
 2322  products to owners of manufactured or mobile homes.
 2323  
 2324  Tallahassee Community College shall develop the programs set
 2325  forth in this subsection in consultation with the Federation of
 2326  Manufactured Home Owners of Florida, Inc., the Florida
 2327  Manufactured Housing Association, and the Department of Highway
 2328  Safety and Motor Vehicles. The moneys appropriated for the
 2329  programs set forth in this subsection shall be distributed
 2330  directly to Tallahassee Community College to be used as set
 2331  forth in this subsection.
 2332         (3)(4) Of moneys provided to the Department of Community
 2333  Affairs in paragraph (1)(a) (2)(a), 10 percent shall be
 2334  allocated to the Florida International University center
 2335  dedicated to hurricane research. The center shall develop a
 2336  preliminary work plan approved by the advisory council set forth
 2337  in subsection (4) (5) to eliminate the state and local barriers
 2338  to upgrading existing mobile homes and communities, research and
 2339  develop a program for the recycling of existing older mobile
 2340  homes, and support programs of research and development relating
 2341  to hurricane loss reduction devices and techniques for site
 2342  built residences. The State University System also shall consult
 2343  with the Department of Community Affairs and assist the
 2344  department with the report required under subsection (6) (7).
 2345         (4)(5) Except for the programs set forth in subsection (3)
 2346  (4), the office Department of Community Affairs shall develop
 2347  the programs set forth in this section in consultation with an
 2348  advisory council consisting of a representative designated by
 2349  the Chief Financial Officer, a representative designated by the
 2350  Florida Home Builders Association, a representative designated
 2351  by the Florida Insurance Council, a representative designated by
 2352  the Federation of Manufactured Home Owners, a representative
 2353  designated by the Florida Association of Counties, and a
 2354  representative designated by the Florida Manufactured Housing
 2355  Association, and a representative designated by the Florida
 2356  Building Commission.
 2357         (5)(6) Moneys provided to the office Department of
 2358  Community Affairs under this section are intended to supplement,
 2359  not supplant, the office’s other funding sources of the
 2360  Department of Community Affairs and may not supplant other
 2361  funding sources of the Department of Community Affairs.
 2362         (6)(7) On January 1st of each year, the office Department
 2363  of Community Affairs shall provide a full report and accounting
 2364  of activities under this section and an evaluation of such
 2365  activities to the Speaker of the House of Representatives, the
 2366  President of the Senate, and the Majority and Minority Leaders
 2367  of the House of Representatives and the Senate. Upon completion
 2368  of the report, the office Department of Community Affairs shall
 2369  deliver the report to the Office of Insurance Regulation. The
 2370  Office of Insurance Regulation shall review the report and shall
 2371  make such recommendations available to the insurance industry as
 2372  the Office of Insurance Regulation deems appropriate. These
 2373  recommendations may be used by insurers for potential discounts
 2374  or rebates pursuant to s. 627.0629. The Office of Insurance
 2375  Regulation shall make such the recommendations within 1 year
 2376  after receiving the report.
 2377         (8)(a) Notwithstanding any other provision of this section
 2378  and for the 2010-2011 fiscal year only, the $3 million
 2379  appropriation provided for in paragraph (2)(b) may be used for
 2380  hurricane shelters as identified in the General Appropriations
 2381  Act.
 2382         (b) This subsection expires June 30, 2011.
 2383         (7)(9) This section is repealed June 30, 2021 2011.
 2384         Section 20. Section 288.005, Florida Statutes, is created
 2385  to read:
 2386         288.005Definitions.—As used in this chapter, the following
 2387  words and phrases shall have the following meanings and
 2388  references:
 2389         (1) “Economic benefits” means the direct, indirect, and
 2390  induced gains in state revenues as a percentage of the state’s
 2391  investment. The state’s investment includes state grants, tax
 2392  exemptions, tax refunds, tax credits, and other state
 2393  incentives.
 2394         (2) “Commissioner” means the commissioner of Jobs Florida,
 2395  unless otherwise stated.
 2396         Section 21. Section 288.048, Florida Statutes, is created
 2397  to read:
 2398         288.048Incumbent worker training for economic
 2399  development.—
 2400         (1)The Incumbent Worker Training Program is created within
 2401  Jobs Florida for the purpose of providing grant funding for
 2402  continuing education and training of incumbent employees at
 2403  existing Florida businesses. The program will provide
 2404  reimbursement grants to businesses that pay for preapproved,
 2405  direct, training-related costs.
 2406         (2)The Incumbent Worker Training Program is administered
 2407  by Jobs Florida in conjunction with Workforce Florida, Inc. Jobs
 2408  Florida, at its discretion, may contract with a private business
 2409  organization to serve as the grant administrator.
 2410         (3)To be eligible for the program’s grant funding, a
 2411  business must have been in operation in this state for at least
 2412  1 year before applying for grant funding; have at least one
 2413  full-time employee; demonstrate financial viability; and be
 2414  current on all state tax obligations. Priority for funding shall
 2415  be given to businesses having 25 or fewer employees, businesses
 2416  in rural areas, businesses in distressed inner-city areas,
 2417  businesses in a qualified targeted industry, businesses whose
 2418  grant proposals represent a significant upgrade in employee
 2419  skills, or businesses whose grant proposals represent a
 2420  significant layoff avoidance strategy.
 2421         (4)All costs reimbursed by the program must be preapproved
 2422  by Jobs Florida or the grant administrator. The program will not
 2423  reimburse businesses for trainee wages, the purchase of capital
 2424  equipment, or the purchase of any item or service that may be
 2425  used outside the training project. A business approved for a
 2426  grant may be reimbursed for preapproved, direct, training
 2427  related costs including tuition, fees, books and training
 2428  materials, and overhead or indirect costs not to exceed 5
 2429  percent of the grant amount.
 2430         (5)A business that is selected to receive grant funding
 2431  must provide a matching contribution to the training project,
 2432  including, but not limited to, wages paid to trainees or the
 2433  purchase of capital equipment used in the training project; must
 2434  sign an agreement with Jobs Florida or the grant administrator
 2435  to complete the training project as proposed in the application;
 2436  must keep accurate records of the project’s implementation
 2437  process; and must submit monthly or quarterly reimbursement
 2438  requests with required documentation.
 2439         (6)All Incumbent Worker Training Program grant projects
 2440  shall be performance-based with specific measurable performance
 2441  outcomes, including completion of the training project and job
 2442  retention. Jobs Florida or the grant administrator shall
 2443  withhold the final payment to the grantee until a final grant
 2444  report is submitted and all performance criteria specified in
 2445  the grant contract have been achieved.
 2446         (7)Jobs Florida may establish guidelines, in conjunction
 2447  with Workforce Florida, Inc., necessary to implement the
 2448  Incumbent Worker Training Program.
 2449         (8)No more than 10 percent of the Incumbent Worker
 2450  Training Program’s total appropriation may be used for overhead
 2451  or indirect purposes. Federal funds available for the program
 2452  are limited as set forth in s. 443.003(3).
 2453         Section 22. Section 288.061, Florida Statutes, is amended
 2454  to read:
 2455         288.061 Economic development incentive application
 2456  process.—
 2457         (1) Within 10 business days after receiving a submitted
 2458  economic development incentive application, the Division of
 2459  Strategic Business Development of Jobs Florida and designated
 2460  staff of the Jobs Florida Partnership Enterprise Florida, Inc.,
 2461  shall review the application and inform the applicant business
 2462  whether or not its application is complete, whether and what
 2463  type of state and local permits may be necessary for the
 2464  applicant’s project, whether it is possible to waive such
 2465  permits, and what state incentives and amounts of such
 2466  incentives may be available to the applicant. Within 10 business
 2467  days after the application is deemed complete, Enterprise
 2468  Florida, Inc., shall evaluate the application and recommend
 2469  approval or disapproval of the application to the director of
 2470  the Office of Tourism, Trade, and Economic Development. In
 2471  recommending an applicant business for approval, Enterprise
 2472  Florida, Inc., shall include in its evaluation a recommended
 2473  grant award amount and a review of the applicant’s ability to
 2474  meet specific program criteria.
 2475         (2) Within 14 business 10 calendar days after the initial
 2476  review and communication with the applicant, Jobs Florida shall
 2477  the Office of Tourism, Trade, and Economic Development receives
 2478  the evaluation and recommendation from Enterprise Florida, Inc.,
 2479  the Office shall notify Enterprise Florida, Inc., whether or not
 2480  the application is reviewable. Within 22 calendar days after the
 2481  Office receives the recommendation from Enterprise Florida,
 2482  Inc., the director of the Office shall review the application
 2483  and issue a letter of certification to the applicant which that
 2484  approves or disapproves an applicant business and includes a
 2485  justification of that decision, unless the business requests an
 2486  extension of that time.
 2487         (a) The final order or agreement with the applicant shall
 2488  specify the total amount of the award, the performance
 2489  conditions that must be met to obtain the award, and the
 2490  schedule for payment. Jobs Florida may enter into one agreement
 2491  or issue one final order covering all of the state incentives
 2492  that are being provided to the applicant.
 2493         (b) The release of funds for the incentive or incentives
 2494  awarded to the applicant depends upon the statutory requirements
 2495  of the particular incentive program.
 2496         Section 23. Section 288.095, Florida Statutes, is amended
 2497  to read:
 2498         288.095 Economic Development Trust Fund.—
 2499         (1) The Economic Development Trust Fund is created within
 2500  Jobs Florida the Office of Tourism, Trade, and Economic
 2501  Development. Moneys deposited into the fund must be used only to
 2502  support the authorized activities and operations of Jobs Florida
 2503  the Office.
 2504         (2) There is created, within the Economic Development Trust
 2505  Fund, the Economic Development Incentives Account. The Economic
 2506  Development Incentives Account consists of moneys appropriated
 2507  to the account for purposes of the tax incentives programs
 2508  authorized under ss. 288.1045 and 288.106; the, and local
 2509  financial support provided under ss. 288.1045 and 288.106; and
 2510  the federal funds designated for purposes of s. 288.048. Moneys
 2511  in the Economic Development Incentives Account shall be subject
 2512  to the provisions of s. 216.301(1)(a). Federal funds set aside
 2513  for the incumbent worker training program under s. 288.048 may
 2514  not be used for any other economic development program.
 2515         (3)(a) Jobs Florida The Office of Tourism, Trade, and
 2516  Economic Development may approve applications for certification
 2517  pursuant to ss. 288.1045(3) and 288.106. However, the total
 2518  state share of tax refund payments scheduled in all active
 2519  certifications for fiscal year 2001-2002 may not exceed $30
 2520  million. The total for each subsequent fiscal year may not
 2521  exceed $35 million.
 2522         (b) The total amount of tax refund claims approved for
 2523  payment by Jobs Florida the Office of Tourism, Trade, and
 2524  Economic Development based on actual project performance may not
 2525  exceed the amount appropriated to the Economic Development
 2526  Incentives Account for such purposes for the fiscal year. Claims
 2527  for tax refunds under ss. 288.1045 and 288.106 shall be paid in
 2528  the order the claims are approved by Jobs Florida the Office of
 2529  Tourism, Trade, and Economic Development. In the event the
 2530  Legislature does not appropriate an amount sufficient to satisfy
 2531  the tax refunds under ss. 288.1045 and 288.106 in a fiscal year,
 2532  Jobs Florida the Office of Tourism, Trade, and Economic
 2533  Development shall pay the tax refunds from the appropriation for
 2534  the following fiscal year. By March 1 of each year, Jobs Florida
 2535  the Office of Tourism, Trade, and Economic Development shall
 2536  notify the legislative appropriations committees of the Senate
 2537  and House of Representatives of any anticipated shortfall in the
 2538  amount of funds needed to satisfy claims for tax refunds from
 2539  the appropriation for the current fiscal year.
 2540         (c) Pursuant to s. 288.907 By December 31 of each year,
 2541  Jobs Florida Enterprise Florida, Inc., shall submit a complete
 2542  and detailed annual report to the Governor, the President of the
 2543  Senate, and the Speaker of the House of Representatives, and the
 2544  director of the Office of Tourism, Trade, and Economic
 2545  Development of all applications received, recommendations made
 2546  to Jobs Florida the Office of Tourism, Trade, and Economic
 2547  Development, final decisions issued, tax refund agreements
 2548  executed, and tax refunds paid or other payments made under all
 2549  programs funded out of the Economic Development Incentives
 2550  Account, including analyses of benefits and costs, types of
 2551  projects supported, and employment and investment created. Jobs
 2552  Florida Enterprise Florida, Inc., shall also include a separate
 2553  analysis of the impact of such tax refunds on state enterprise
 2554  zones designated pursuant to s. 290.0065, rural communities,
 2555  brownfield areas, and distressed urban communities. The report
 2556  must also discuss the efforts made by Jobs Florida the Office of
 2557  Tourism, Trade, and Economic Development to amend tax refund
 2558  agreements to require tax refund claims to be submitted by
 2559  January 31 for the net new full-time equivalent jobs in this
 2560  state as of December 31 of the preceding calendar year. The
 2561  report must also list the name and tax refund amount for each
 2562  business that has received a tax refund under s. 288.1045 or s.
 2563  288.106 during the preceding fiscal year. The Office of Tourism,
 2564  Trade, and Economic Development shall assist Enterprise Florida,
 2565  Inc., in the collection of data related to business performance
 2566  and incentive payments.
 2567         (d) Moneys in the Economic Development Incentives Account
 2568  may be used only to pay tax refunds and make other payments
 2569  authorized for the programs identified by law under s. 288.1045,
 2570  s. 288.106, or s. 288.107.
 2571         (e) Jobs Florida The Office of Tourism, Trade, and Economic
 2572  Development may adopt rules necessary to carry out the
 2573  provisions of this subsection, including rules providing for the
 2574  use of moneys in the Economic Development Incentives Account and
 2575  for the administration of the Economic Development Incentives
 2576  Account.
 2577         Section 24. Section 288.1081, Florida Statutes, is amended
 2578  to read:
 2579         288.1081 Economic Gardening Business Loan Pilot Program.—
 2580         (1) There is created within Jobs Florida the Office of
 2581  Tourism, Trade, and Economic Development the Economic Gardening
 2582  Business Loan Pilot Program. The purpose of the pilot program is
 2583  to stimulate investment in Florida’s economy by providing loans
 2584  to expanding businesses in the state. As used in this section,
 2585  the term “office” means the Office of Tourism, Trade, and
 2586  Economic Development.
 2587         (2) The Legislature finds that it is vital to the overall
 2588  health and growth of the state’s economy to promote favorable
 2589  conditions for expanding Florida businesses that demonstrate the
 2590  ability to grow. The Legislature further finds that, due to the
 2591  current extraordinary economic challenges confronting the state,
 2592  there exists a public purpose in expending state resources to
 2593  stimulate investment in Florida’s economy. It is therefore the
 2594  intent of the Legislature that resources be provided for the
 2595  loan pilot program.
 2596         (3)(a) To be eligible for a loan under the pilot program,
 2597  an applicant must be a business eligible for assistance under
 2598  the Economic Gardening Technical Assistance Pilot Program as
 2599  provided in s. 288.1082(4)(a).
 2600         (b) A loan applicant must submit a written application to
 2601  the loan administrator in the format prescribed by the loan
 2602  administrator. The application must include:
 2603         1. The applicant’s federal employer identification number,
 2604  unemployment account number, and sales or other tax registration
 2605  number.
 2606         2. The street address of the applicant’s principal place of
 2607  business in this state.
 2608         3. A description of the type of economic activity, product,
 2609  or research and development undertaken by the applicant,
 2610  including the six-digit North American Industry Classification
 2611  System code for each type of economic activity conducted by the
 2612  applicant.
 2613         4. The applicant’s annual revenue, number of employees,
 2614  number of full-time equivalent employees, and other information
 2615  necessary to verify the applicant’s eligibility for the
 2616  technical assistance pilot program under s. 288.1082(4)(a).
 2617         5. The projected investment in the business, if any, which
 2618  the applicant proposes in conjunction with the loan.
 2619         6. The total investment in the business from all sources,
 2620  if any, which the applicant proposes in conjunction with the
 2621  loan.
 2622         7. The number of net new full-time equivalent jobs that, as
 2623  a result of the loan, the applicant proposes to create in this
 2624  state as of December 31 of each year and the average annual wage
 2625  of the proposed jobs.
 2626         8. The total number of full-time equivalent employees the
 2627  applicant currently employs in this state.
 2628         9. The date that the applicant anticipates it needs the
 2629  loan.
 2630         10. A detailed explanation of why the loan is needed to
 2631  assist the applicant in expanding jobs in the state.
 2632         11. A statement that all of the applicant’s available
 2633  corporate assets are pledged as collateral for the amount of the
 2634  loan.
 2635         12. A statement that the applicant, upon receiving the
 2636  loan, agrees not to seek additional long-term debt without prior
 2637  approval of the loan administrator.
 2638         13. A statement that the loan is a joint obligation of the
 2639  business and of each person who owns at least 20 percent of the
 2640  business.
 2641         14. Any additional information requested by Jobs Florida
 2642  the office or the loan administrator.
 2643         (c) The loan administrator, after verifying the accuracy of
 2644  a submitted application, shall award the loan to the applicant
 2645  if the administrator determines that the applicant, as compared
 2646  to other applicants submitting applications, is in the best
 2647  position to use the loan to continue making a successful long
 2648  term business commitment to the state. The loan administrator
 2649  also shall consider the following factors:
 2650         1. Whether the applicant has applied for or received
 2651  incentives from local governments;
 2652         2. Whether the applicant has applied for or received
 2653  waivers of taxes, impact fees, or other fees or charges by local
 2654  governments; and
 2655         3. What other sources of investments or financing for the
 2656  project that is the subject of the loan application will be
 2657  available to the applicant.
 2658         (d) A borrower awarded a loan under this section and the
 2659  loan administrator must enter into a loan agreement that
 2660  provides for the borrower’s repayment of the loan.
 2661         (4) The following terms apply to a loan received under the
 2662  pilot program:
 2663         (a) The maximum amount of the loan is $250,000.
 2664         (b) The proceeds of the loan may be used for working
 2665  capital purchases, employee training, or salaries for newly
 2666  created jobs in the state.
 2667         (c) The security interest for the loan’s collateral
 2668  covering all of the borrower’s available corporate assets to
 2669  cover the amount of the loan must be perfected by recording a
 2670  lien under the Uniform Commercial Code.
 2671         (d) The period of the loan is 4 years.
 2672         (e) The interest rate of the loan is 2 percent. However, if
 2673  the borrower does not create the projected number of jobs within
 2674  the terms of the loan agreement, the interest rate shall be
 2675  increased for the remaining period of the loan to the prime rate
 2676  published in the Wall Street Journal, as of the date specified
 2677  in the loan agreement, plus 4 percentage points. The loan
 2678  agreement may provide flexibility in meeting the projected
 2679  number of jobs for delays due to governmental regulatory issues,
 2680  including, but not limited to, permitting.
 2681         (f) For the first 12 months of the loan, payment is due for
 2682  interest only, payable during the twelfth month. Thereafter,
 2683  payment for interest and principal is due each month until the
 2684  loan is paid in full. Interest and principal payments are based
 2685  on the unpaid balance of the total loan amount.
 2686         (5)(a) Jobs Florida the Office may designate one or more
 2687  qualified entities to serve as loan administrators for the pilot
 2688  program. A loan administrator must:
 2689         1. Be a Florida corporation not for profit incorporated
 2690  under chapter 617 which has its principal place of business in
 2691  the state.
 2692         2. Have 5 years of verifiable experience of lending to
 2693  businesses in this state.
 2694         3. Submit an application to Jobs Florida the Office on
 2695  forms prescribed by Jobs Florida the Office. The application
 2696  must include the loan administrator’s business plan for its
 2697  proposed lending activities under the pilot program, including,
 2698  but not limited to, a description of its outreach efforts,
 2699  underwriting, credit policies and procedures, credit decision
 2700  processes, monitoring policies and procedures, and collection
 2701  practices; the membership of its board of directors; and samples
 2702  of its currently used loan documentation. The application must
 2703  also include a detailed description and supporting documentation
 2704  of the nature of the loan administrator’s partnerships with
 2705  local or regional economic and business development
 2706  organizations.
 2707         (b) Jobs Florida The Office, upon selecting a loan
 2708  administrator, shall enter into a grant agreement with the
 2709  administrator to issue the available loans to eligible
 2710  applicants. The grant agreement must specify the aggregate
 2711  amount of the loans authorized for award by the loan
 2712  administrator. The term of the grant agreement must be at least
 2713  4 years, except that Jobs Florida the Office may terminate the
 2714  agreement earlier if the loan administrator fails to meet
 2715  minimum performance standards set by Jobs Florida the office.
 2716  The grant agreement may be amended by mutual consent of both
 2717  parties.
 2718         (c) Jobs Florida The Office shall disburse from the
 2719  Economic Development Trust Fund to the loan administrator the
 2720  appropriations provided for the pilot program. Disbursements to
 2721  the loan administrator must not exceed the aggregate amount of
 2722  the loans authorized in the grant agreement. Jobs Florida the
 2723  Office may not disburse more than 50 percent of the aggregate
 2724  amount of the loans authorized in the grant agreement until Jobs
 2725  Florida the Office verifies the borrowers’ use of the loan
 2726  proceeds and the loan administrator’s successful credit
 2727  decisionmaking policies.
 2728         (d) A loan administrator is entitled to receive a loan
 2729  origination fee, payable at closing, of 1 percent of each loan
 2730  issued by the loan administrator and a servicing fee of 0.625
 2731  percent per annum of the loan’s outstanding principal balance,
 2732  payable monthly. During the first 12 months of the loan, the
 2733  servicing fee shall be paid from the disbursement from the
 2734  Economic Development Trust Fund, and thereafter the loan
 2735  administrator shall collect the servicing fee from the payments
 2736  made by the borrower, charging the fee against repayments of
 2737  principal.
 2738         (e) A loan administrator, after collecting the servicing
 2739  fee in accordance with paragraph (d), shall use remit the
 2740  borrower’s collected interest, principal payments, and charges
 2741  for late payments to provide additional loans to eligible
 2742  borrowers under this section the office on a quarterly basis. If
 2743  the borrower defaults on the loan, the loan administrator shall
 2744  initiate collection efforts to seek repayment of the loan. The
 2745  loan administrator may, upon collecting payments for a defaulted
 2746  loan, deduct the costs of the administrator’s collection efforts
 2747  shall remit the payments to the office but, to the extent
 2748  authorized in the grant agreement, and shall use the remaining
 2749  payments to provide additional loans to eligible borrowers under
 2750  this section may deduct the costs of the administrator’s
 2751  collection efforts. The Office shall deposit all funds received
 2752  under this paragraph in the General Revenue Fund.
 2753         (f) A loan administrator shall submit quarterly reports to
 2754  Jobs Florida the Office which include the information required
 2755  in the grant agreement. A quarterly report must include, at a
 2756  minimum, the number of full-time equivalent jobs created as a
 2757  result of the loans, the amount of wages paid to employees in
 2758  the newly created jobs, and the locations and types of economic
 2759  activity undertaken by the borrowers.
 2760         (6) All notes, mortgages, security agreements, letters of
 2761  credit, or other instruments that are given to secure the
 2762  repayment of loans issued in connection with the financing of
 2763  any loan under the program, without regard to the status of any
 2764  party thereto as a private party, are exempt from taxation by
 2765  the state and its political subdivisions. The exemption granted
 2766  in this subsection does not apply to any tax imposed by chapter
 2767  220 on interest, income, or profits on debt obligations owned by
 2768  corporations.
 2769         (7) Jobs Florida The Office shall adopt rules under ss.
 2770  120.536(1) and 120.54 to administer this section. To the extent
 2771  necessary to expedite implementation of the pilot program, the
 2772  Office may adopt initial emergency rules for the pilot program
 2773  in accordance with s. 120.54(4).
 2774         (8) On June 30 and December 31 of each year, Jobs Florida
 2775  beginning in 2009, the Office shall submit a report to the
 2776  Governor, the President of the Senate, and the Speaker of the
 2777  House of Representatives which describes in detail the use of
 2778  the loan funds. The report must include, at a minimum, the
 2779  number of businesses receiving loans, the number of full-time
 2780  equivalent jobs created as a result of the loans, the amount of
 2781  wages paid to employees in the newly created jobs, the locations
 2782  and types of economic activity undertaken by the borrowers, the
 2783  amounts of loan repayments made to date, and the default rate of
 2784  borrowers.
 2785         (9) Unexpended balances of appropriations provided for the
 2786  loan pilot program shall not revert to the fund from which the
 2787  appropriation was made at the end of a fiscal year but shall be
 2788  retained in the Economic Development Trust Fund and be carried
 2789  forward for expenditure for the pilot program during the
 2790  following fiscal year. A loan administrator may not award a new
 2791  loan or enter into a loan agreement after June 30, 2011.
 2792  Balances of appropriations provided for the pilot program which
 2793  remain unexpended as of July 1, 2011, shall revert to the
 2794  General Revenue Fund.
 2795         (10) This section is repealed July 1, 2016, unless reviewed
 2796  and reenacted by the Legislature before that date.
 2797         Section 25. Section 288.1082, Florida Statutes, is amended
 2798  to read:
 2799         288.1082 Economic Gardening Technical Assistance Pilot
 2800  Program.—
 2801         (1) There is created within Jobs Florida The Office of
 2802  Tourism, Trade, and Economic Development the Economic Gardening
 2803  Technical Assistance Pilot Program. The purpose of the pilot
 2804  program is to stimulate investment in Florida’s economy by
 2805  providing technical assistance for expanding businesses in the
 2806  state. As used in this section, the term “Office” means the
 2807  Office of Tourism, Trade, and Economic Development.
 2808         (2) Jobs Florida The Office shall contract with one or more
 2809  entities to administer the technical assistance pilot program
 2810  under this section. Jobs Florida The Office shall award each
 2811  contract in accordance with the competitive bidding requirements
 2812  in s. 287.057 to an entity that demonstrates the ability to
 2813  implement the pilot program on a statewide basis, has an
 2814  outreach plan, and has the ability to provide counseling
 2815  services, access to technology and information, marketing
 2816  services and advice, business management support, and other
 2817  similar services. In selecting these entities, Jobs Florida the
 2818  Office also must consider whether the entities will qualify for
 2819  matching funds to provide the technical assistance.
 2820         (3) A contracted entity administering the pilot program
 2821  shall provide technical assistance for eligible businesses which
 2822  includes, but is not limited to:
 2823         (a) Access to free or affordable information services and
 2824  consulting services, including information on markets,
 2825  customers, and competitors, such as business databases,
 2826  geographic information systems, and search engine marketing.
 2827         (b) Development of business connections, including
 2828  interaction and exchange among business owners and resource
 2829  providers, such as trade associations, think tanks, academic
 2830  institutions, business roundtables, peer-to-peer learning
 2831  sessions, and mentoring programs.
 2832         (4)(a) To be eligible for assistance under the pilot
 2833  program, a business must be a for-profit, privately held,
 2834  investment-grade business that employs at least 10 persons but
 2835  not more than 50 persons, has maintained its principal place of
 2836  business in the state for at least the previous 2 years,
 2837  generates at least $1 million but not more than $25 million in
 2838  annual revenue, qualifies for the tax refund program for
 2839  qualified target industry businesses under s. 288.106, and,
 2840  during 3 of the previous 5 years, has increased both its number
 2841  of full-time equivalent employees in this state and its gross
 2842  revenues.
 2843         (b) The A contracted entity administering the pilot
 2844  program, in selecting the eligible businesses to receive
 2845  assistance, shall choose businesses in more than one industry
 2846  cluster and, to the maximum extent practicable, shall choose
 2847  businesses that are geographically distributed throughout
 2848  Florida or are in partnership with businesses that are
 2849  geographically distributed throughout Florida.
 2850         (5)(a) A business receiving assistance under the pilot
 2851  program must enter into an agreement with the contracted entity
 2852  administering the program to establish the business’s commitment
 2853  to participation in the pilot program. The agreement must
 2854  require, at a minimum, that the business:
 2855         1. Attend a minimum number of meetings between the business
 2856  and the contracted entity administering the pilot program.
 2857         2. Report job creation data in the manner prescribed by the
 2858  contracted entity administering the pilot program.
 2859         3. Provide financial data in the manner prescribed by the
 2860  contracted entity administering the program.
 2861         (b) Jobs Florida The office or the contracted entity
 2862  administering the pilot program may prescribe in the agreement
 2863  additional reporting requirements that are necessary to track
 2864  the progress of the business and monitor the business’s
 2865  implementation of the assistance. The contracted entity shall
 2866  report the information to Jobs Florida the office on a quarterly
 2867  basis.
 2868         (6) The A contracted entity administering the pilot program
 2869  is authorized to promote the general business interests or
 2870  industrial interests of the state.
 2871         (7) Jobs Florida The Office shall review the progress of
 2872  the a contracted entity administering the pilot program at least
 2873  once each 6 months and shall determine whether the contracted
 2874  entity is meeting its contractual obligations for administering
 2875  the pilot program. Jobs Florida The Office may terminate and
 2876  rebid a contract if the contracted entity does not meet its
 2877  contractual obligations.
 2878         (8) On December 31 of each year, Jobs Florida beginning in
 2879  2009, the Office shall submit a report to the Governor, the
 2880  President of the Senate, and the Speaker of the House of
 2881  Representatives which describes in detail the progress of the
 2882  pilot program. The report must include, at a minimum, the number
 2883  of businesses receiving assistance, the number of full-time
 2884  equivalent jobs created as a result of the assistance, if any,
 2885  the amount of wages paid to employees in the newly created jobs,
 2886  and the locations and types of economic activity undertaken by
 2887  the businesses.
 2888         (9) Jobs Florida the Office may adopt rules under ss.
 2889  120.536(1) and 120.54 to administer this section.
 2890         Section 26. The Division of Statutory Revision is requested
 2891  to rename part VII of chapter 288, Florida Statutes, consisting
 2892  of ss. 288.901-288.9415, Florida Statutes, as “Jobs Florida
 2893  Partnership,” Inc.
 2894         Section 27. Section 288.901, Florida Statutes, is amended
 2895  to read:
 2896         (Substantial rewording of section. See
 2897         s. 288.901, F.S., for present text.)
 2898         288.901 Jobs Florida Partnership, Inc.—
 2899         (1)CREATION.—
 2900         (a) There is created a nonprofit corporation, to be known
 2901  as “Jobs Florida Partnership, Inc.,” which shall be registered,
 2902  incorporated, organized, and operated in compliance with chapter
 2903  617, and which is not a unit or entity of state government.
 2904         (b) However, the Legislature determines it is in the best
 2905  interest of the state and reflects the state’s public policy
 2906  that Jobs Florida Partnership, Inc., operate in the most open
 2907  and accessible manner consistent with its public purposes. To
 2908  this end, the Legislature specifically declares that Jobs
 2909  Florida Partnership, Inc., and its divisions, boards and
 2910  advisory councils, or similar entities created or managed by the
 2911  Jobs Florida Partnership, Inc., are subject to the provisions of
 2912  chapter 119, relating to public records and those provisions of
 2913  chapter 286 relating to public meetings and records.
 2914         (c) Additionally, the Legislature determines that it is in
 2915  the public interest for the members of the Jobs Florida
 2916  Partnership, Inc., board of directors to be subject to the
 2917  requirements of ss. 112.3135, 112.3143, and 112.313, excluding
 2918  s. 112.313(2), notwithstanding the fact that the board members
 2919  are not public officers or employees. For purposes of those
 2920  sections, the board members shall be considered to be public
 2921  officers or employees. The exemption set forth in s. 212.313(12)
 2922  for advisory boards applies to the members of the Jobs Florida
 2923  Partnership, Inc., board of directors. Further, each member of
 2924  the board of directors who is not otherwise required to file
 2925  financial disclosures pursuant to s. 8, Art. II of the State
 2926  Constitution or s. 112.3144, shall file disclosure of financial
 2927  interests pursuant to s. 112.3145.
 2928         (2) PURPOSES.—Jobs Florida Partnership, Inc., hereafter
 2929  referred to as the partnership in this part, will act as an
 2930  economic-development organization for the state, utilizing
 2931  private-sector and public-sector expertise in collaboration with
 2932  Jobs Florida to:
 2933         (a) Increase private investment in Florida;
 2934         (b) Advance international and domestic trade opportunities;
 2935         (c) Market the state both as a pro-business location for
 2936  new investment and as an unparalleled tourist destination;
 2937         (d) Revitalize Florida’s space and aerospace industries,
 2938  and promote emerging complementary industries;
 2939         (e) Promote opportunities for minority-owned businesses;
 2940  and
 2941         (f) Assist and market professional and amateur sport teams
 2942  and sporting events in Florida.
 2943         (g) Assist, promote, and enhance economic opportunities in
 2944  this state’s rural and urban communities.
 2945         (3) PERFORMANCE.—The partnership shall enter into a
 2946  performance-based agreement with Jobs Florida, pursuant to s.
 2947  20.60, which includes annual measurements of the partnership’s
 2948  performance.
 2949         (4) GOVERNANCE.—The partnership shall be governed by an 11
 2950  member board of directors. The Governor shall serve on the board
 2951  as the chair, and shall appoint four other members. Three
 2952  members shall be appointed by the President of the Senate, and
 2953  three shall be appointed by the Speaker of the House of
 2954  Representatives. All appointees are subject to Senate
 2955  confirmation.
 2956         (a) In making their appointments, the Governor, the
 2957  President of the Senate, and the Speaker of the House of
 2958  Representatives shall ensure that the composition of the board
 2959  of directors reflects the diversity of Florida’s business
 2960  community and is representative of the economic development
 2961  goals in subsection (2). The board must include at least one
 2962  director for each of the following areas of expertise:
 2963  international business, tourism marketing, the space or
 2964  aerospace industry, managing or financing a minority-owned
 2965  business, manufacturing, finance and accounting, and sports
 2966  marketing.
 2967         (b) The Governor, the President of the Senate, and the
 2968  Speaker of the House of Representatives also shall consider
 2969  appointees who reflect Florida’s racial, ethnic, and gender
 2970  diversity. Efforts shall be taken to ensure participation from
 2971  all geographic areas of the state, including representation from
 2972  urban and rural communities.
 2973         (c) Appointed members shall be appointed to 4-year terms,
 2974  except that initially, to provide for staggered terms, the
 2975  Governor, the President of the Senate, and the Speaker of the
 2976  House of Representatives shall each appoint one member to serve
 2977  a 2-year term and one member to serve a 3-year term, with the
 2978  remaining initial appointees serving 4-year terms. All
 2979  subsequent appointments shall be for 4-year terms.
 2980         (d) Initial appointments must be made by October 1, 2011,
 2981  and be eligible for confirmation at the earliest available
 2982  Senate session. Terms end on September 30.
 2983         (e) Any member is eligible for reappointment, except that a
 2984  member may not serve more than two terms.
 2985         (f)A vacancy on the board of directors shall be filled for
 2986  the remainder of the unexpired term. Vacancies on the board
 2987  shall be filled by appointment by the Governor, the President of
 2988  the Senate, or the Speaker of the House of Representatives,
 2989  respectively, depending on who appointed the member whose
 2990  vacancy is to be filled or whose term has expired.
 2991         (g) Appointed members may be removed by the Governor, the
 2992  President of the Senate, or the Speaker of the House of
 2993  Representatives, respectively, for cause. Absence from three
 2994  consecutive meetings results in automatic removal.
 2995         (5) AT-LARGE BOARD MEMBERS.—Notwithstanding the provisions
 2996  of subsection (4), the board of directors may by resolution
 2997  appoint up to 10 at-large members to the board from the private
 2998  sector, each of whom may serve a term of up to 3 years. At-large
 2999  members shall have the powers and duties of other members of the
 3000  board. An at-large member is eligible for reappointment but may
 3001  not vote on his or her own reappointment. An at-large member
 3002  shall be eligible to fill vacancies occurring among private
 3003  sector appointees under subsection (4). At-large members may
 3004  annually provide contributions to the partnership, in an amount
 3005  determined by the 11-member board established in subsection (4).
 3006  The contributions must be used to defray the partnership’s
 3007  operating expenses and help meet the required private match to
 3008  the state’s annual appropriation.
 3009         (6)EX OFFICIO BOARD MEMBERS.—
 3010         (a) The commissioner of the Department of Jobs Florida
 3011  shall be an ex officio, nonvoting member of the board of
 3012  directors.
 3013         (b) The chair of each advisory council for a division shall
 3014  be an ex officio, nonvoting member of the board of directors.
 3015         (c) The chair of the advisory council for Space Florida
 3016  shall be an ex officio, nonvoting member of the board of
 3017  directors.
 3018         (7)MEETING.—The board of directors shall biennially elect
 3019  one of its members as vice chairperson. The board of directors
 3020  shall meet at least four times each year, upon the call of the
 3021  chairperson, at the request of the vice chairperson, or at the
 3022  request of a majority of the membership. A majority of the total
 3023  number of current voting directors shall constitute a quorum.
 3024  The board of directors may take official action by a majority
 3025  vote of the members present at any meeting at which a quorum is
 3026  present.
 3027         (8) SERVICE.—Members of the board of directors shall serve
 3028  without compensation, except for members of Jobs Florida
 3029  Partnership, Inc., and the advisory councils created in s.
 3030  288.92, but are entitled to reimbursement for all reasonable,
 3031  necessary, and actual expenses, as determined by the board of
 3032  directors.
 3033         (9) PROHIBITION.—The partnership may not endorse any
 3034  candidate for any elected public office or contribute moneys to
 3035  the campaign of any such candidate.
 3036         Section 28. Section 288.9015, Florida Statutes, is amended
 3037  to read:
 3038         (Substantial rewording of section. See
 3039         s. 288.9015, F.S., for present text.)
 3040         288.9015Powers of the Jobs Florida Partnership, Inc.;
 3041  board of directors.—
 3042         (1) The partnership shall integrate its efforts in business
 3043  recruitment and expansion, job creation, marketing the state for
 3044  tourism and sports, and promoting economic opportunities for
 3045  minority-owned businesses and promoting economic opportunities
 3046  for rural and distressed urban communities with those of the
 3047  commissioner of the Department of Jobs Florida, to create an
 3048  aggressive, agile, and collaborative effort to reinvigorate the
 3049  state’s economy.
 3050         (2) The partnership’s board of directors may:
 3051         (a) Secure funding for its programs and activities, and for
 3052  its boards from federal, state, local, and private sources and
 3053  from fees charged for services and published materials.
 3054         (b) Solicit, receive, hold, invest, and administer any
 3055  grant, payment, or gift of funds or property and make
 3056  expenditures consistent with the powers granted to it.
 3057         (c) Make and enter into contracts and other instruments
 3058  necessary or convenient for the exercise of its powers and
 3059  functions. A contract executed by the partnership with a person
 3060  or organization under which such person or organization agrees
 3061  to perform economic development services or similar business-
 3062  assistance services on behalf of the partnership or the state
 3063  must include provisions requiring a performance report on the
 3064  contracted activities and must account for the proper use of
 3065  funds provided under the contract, coordinate with other
 3066  components of state and local economic development systems, and
 3067  avoid duplication of existing state and local services and
 3068  activities.
 3069         (d) Elect or appoint such officers, employees, and agents
 3070  as required for its activities and for its divisions and pay
 3071  such persons reasonable compensation.
 3072         (e) Carry forward any unexpended state appropriations into
 3073  succeeding fiscal years.
 3074         (f) Except for the divisions and advisory councils created
 3075  in s. 288.92, create and dissolve advisory divisions, working
 3076  groups, task forces, or similar organizations, as necessary to
 3077  carry out its mission. Members of advisory divisions, working
 3078  groups, task forces, or similar organizations created by the
 3079  partnership shall serve without compensation, but may be
 3080  reimbursed for reasonable, necessary, and actual expenses, as
 3081  determined by the partnership’s board of directors.
 3082         (g) Sue and be sued, and appear and defend in all actions
 3083  and proceedings, in its corporate name to the same extent as a
 3084  natural person.
 3085         (h) Adopt, use, and alter a common corporate seal for the
 3086  partnership and its divisions. Notwithstanding any provision of
 3087  chapter 617 to the contrary, this seal is not required to
 3088  contain the words “corporation not for profit.”
 3089         (i) Adopt, amend, and repeal bylaws, not inconsistent with
 3090  the powers granted to it or the articles of incorporation, for
 3091  the administration of the partnership’s activities and the
 3092  exercise of its corporate powers.
 3093         (j) Acquire, enjoy, use, and dispose of patents,
 3094  copyrights, and trademarks and any licenses, royalties, and
 3095  other rights or interests thereunder or therein.
 3096         (k) Use the state seal, notwithstanding the provisions of
 3097  s. 15.03, when appropriate, for standard corporate identity
 3098  applications. Use of the state seal is not intended to replace
 3099  use of a corporate seal as provided in this section.
 3100         (l) Procure insurance or require bond against any loss in
 3101  connection with the property of the partnership and its
 3102  divisions, in such amounts and from such insurers as is
 3103  necessary or desirable.
 3104         (3) The powers granted to the partnership shall be
 3105  liberally construed in order that the partnership may pursue and
 3106  succeed in its responsibilities under this part.
 3107         (4) Under no circumstances may the credit of the State of
 3108  Florida be pledged on behalf of the partnership.
 3109         (5) In addition to any indemnification available under
 3110  chapter 617, the partnership may indemnify, and purchase and
 3111  maintain insurance on behalf of, it directors, officers, and
 3112  employees of the partnership and its divisions against any
 3113  personal liability or accountability by reason of actions taken
 3114  while acting within the scope of their authority.
 3115         Section 29. Section 288.903, Florida Statutes, is amended
 3116  to read:
 3117         (Substantial rewording of section. See
 3118         s. 288.903, F.S., for present text.)
 3119         288.903 Duties of the Jobs Florida Partnership, Inc.—The
 3120  partnership shall have the following duties:
 3121         (1) Responsibly and prudently manage all public and private
 3122  funds received, and ensure that the use of such funds is in
 3123  accordance with all applicable laws, bylaws, or contractual
 3124  requirements.
 3125         (2) Administer the entities or programs created pursuant to
 3126  part IX of this chapter; ss. 288.9622-288.9624; ss. 288.95155
 3127  and 288.9519; and chapter 95-429, Laws of Florida, line 1680Y.
 3128         (3) Prepare an annual report pursuant to s. 288.906 and an
 3129  annual incentives report pursuant to s. 288.907.
 3130         (4) Assist Jobs Florida with the development of an annual
 3131  and a long-range strategic business blueprint for economic
 3132  development.
 3133         (5) In coordination with Workforce Florida, Inc., identify
 3134  education and training programs that will ensure Florida
 3135  businesses have access to a skilled and competent workforce
 3136  necessary to compete successfully in the domestic and global
 3137  marketplace.
 3138         (6) Assist the Office of Property Management within the
 3139  Division of Strategic Business Development of Jobs Florida in
 3140  managing any state-owned property or assets that are essential
 3141  to the activities of its various boards.
 3142         Section 30. Section 288.904, Florida Statutes, is amended
 3143  to read:
 3144         (Substantial rewording of section. See
 3145         s. 288.904, F.S., for present text.)
 3146         288.904 Funding for the Jobs Florida Partnership, Inc.;
 3147  return on the public’s investment.—
 3148         (1)(a) The Legislature may annually appropriate to the
 3149  partnership a sum of money for its operations, and separate
 3150  line-item appropriations for each of the divisions and Space
 3151  Florida listed in s. 288.92.
 3152         (b) The Legislature finds that it is a priority to maximize
 3153  private-sector support in operating the partnership and its
 3154  divisions, as an endorsement of its value and as an enhancement
 3155  of its efforts. Thus, the state appropriations must be matched
 3156  with private-sector support equal to at least 35 percent of the
 3157  state funding.
 3158         (c) Private-sector support in operating the partnership and
 3159  its divisions includes:
 3160         1. Cash given directly to the partnership for its
 3161  operations, including contributions from at-large members of the
 3162  board of directors;
 3163         2. Cash donations from the divisions’ advisory councils or
 3164  from organizations assisted by the divisions;
 3165         3. Cash jointly raised by the partnership and a private
 3166  local economic development organization, a group of such
 3167  organizations, or a statewide private business organization that
 3168  supports collaborative projects;
 3169         4. Cash generated by fees charged for products or services
 3170  of the partnership and its divisions by sponsorship of events,
 3171  missions, programs, and publications; and
 3172         5. Copayments, stock, warrants, royalties, or other private
 3173  resources dedicated to the partnership or its divisions.
 3174         (2)(a) The state’s operating investment in the partnership
 3175  and its divisions is the budget contracted by Jobs Florida to
 3176  the partnership, less any funding that is directed by the
 3177  Legislature to be subcontracted to a specific recipient entity.
 3178         (b) The partnership’s board of directors shall adopt for
 3179  each upcoming fiscal year an operating budget for the
 3180  organization, including its divisions, which specifies the
 3181  intended uses of the state’s operating investment and a plan for
 3182  securing private-sector support.
 3183         (3) The partnership shall fully comply with the performance
 3184  measures, standards, and sanctions in its contract with Jobs
 3185  Florida, under s. 20.60. Jobs Florida shall ensure, to the
 3186  maximum extent possible, that the contract performance measures
 3187  are consistent with performance measures that it is required to
 3188  develop and track under performance-based program budgeting. The
 3189  contract shall also include performance measures for the
 3190  divisions.
 3191         (4) The Legislature intends to review the partnership’s
 3192  performance in achieving the performance goals stated in its
 3193  annual agreement with Jobs Florida to determine whether the
 3194  public is receiving a positive return on its investment in the
 3195  partnership and its divisions. It also is the intent of the
 3196  Legislature that the partnership coordinate its operations with
 3197  local economic development organizations to maximize the state
 3198  and local return on investment to create jobs for Floridians.
 3199         (5) As part of the annual report required under s. 288.906,
 3200  the partnership shall provide the Legislature with information
 3201  quantifying the return on the public’s investment as described
 3202  in this section each fiscal year.
 3203         (6) The partnership, in consultation with the Office of
 3204  Economic and Demographic Research, shall hire an economic
 3205  analysis firm to develop the methodology for establishing and
 3206  reporting the return on the public’s investment and in-kind
 3207  contributions as described in this section and shall hire a firm
 3208  experienced in survey research to develop, analyze, and report
 3209  on the results of the customer-satisfaction survey conducted
 3210  pursuant to s. 288.906. The Office of Economic and Demographic
 3211  Research shall review and offer feedback on the methodology
 3212  before it is implemented.
 3213         Section 31. Section 288.905, Florida Statutes, is amended
 3214  to read:
 3215         (Substantial rewording of section. See
 3216         s. 288.905, F.S., for present text.)
 3217         288.905President and employees of the Jobs Florida
 3218  Partnership, Inc.—
 3219         (1) The partnership’s board of directors shall appoint a
 3220  president, who shall serve at the pleasure of the Governor. The
 3221  board of directors shall establish and adjust the president’s
 3222  compensation. The president shall also be known as the “commerce
 3223  secretary.”
 3224         (2)The president is the chief administrative and
 3225  operational officer of the board of directors and of the
 3226  partnership, and shall direct and supervise the administrative
 3227  affairs of the board of directors and any divisions, councils,
 3228  or boards. The board of directors may delegate to the president
 3229  those powers and responsibilities it deems appropriate,
 3230  including hiring and management of all staff, except for the
 3231  appointment of a president.
 3232         (3) No employee of the partnership may receive compensation
 3233  for employment that exceeds the salary paid to the Governor,
 3234  unless the board of directors and the employee have executed a
 3235  contract that prescribes specific, measurable performance
 3236  outcomes for the employee, the satisfaction of which provides
 3237  the basis for the award of incentive payments that increase the
 3238  employee’s total compensation to a level above the salary paid
 3239  to the Governor.
 3240         Section 32. Section 288.906, Florida Statutes, is amended
 3241  to read:
 3242         (Substantial rewording of section. See
 3243         s. 288.906, F.S., for present text.)
 3244         288.906 Annual report of the partnership and its divisions;
 3245  audits.—
 3246         (1) Before December 1 of each year, the partnership shall
 3247  submit to the Governor, the President of the Senate, the Speaker
 3248  of the House of Representatives, the Senate Minority Leader, and
 3249  the House Minority Leader a complete and detailed report
 3250  including, but not limited to:
 3251         (a) A description of the operations and accomplishments of
 3252  the partnership and its divisions, boards, and advisory councils
 3253  or similar entities created by the partnership, and an
 3254  identification of any major trends, initiatives, or developments
 3255  affecting the performance of any program or activity. The
 3256  individual annual reports prepared by each division shall be
 3257  included as addenda.
 3258         (b) An evaluation of progress toward achieving
 3259  organizational goals and specific performance outcomes, both
 3260  short-term and long-term, established pursuant this part or
 3261  under the agreement with Jobs Florida.
 3262         (c) Methods for implementing and funding the operations of
 3263  the partnership and its divisions, including the private-sector
 3264  support required under s. 288.904.
 3265         (d) A description of the operations and accomplishments of
 3266  the partnership and its divisions with respect to aggressively
 3267  marketing Florida’s rural communities and distressed urban
 3268  communities as locations for potential new investment and job
 3269  creation, aggressively assisting in the creation, retention, and
 3270  expansion of existing businesses and job growth in these
 3271  communities, and aggressively assisting these communities in the
 3272  identification and development of new economic development
 3273  opportunities.
 3274         (e) A description and evaluation of the operations and
 3275  accomplishments of the partnership and its divisions with
 3276  respect to interaction with local and private economic
 3277  development organizations, including the identification of each
 3278  organization that is a primary partner and any specific programs
 3279  or activities that promoted the activities of such organizations
 3280  and an identification of any specific programs or activities
 3281  that promoted a comprehensive and coordinated approach to
 3282  economic development in this state.
 3283         (f) An assessment of job creation that directly benefits
 3284  participants in the welfare transition program or other programs
 3285  designed to put long-term unemployed back to work.
 3286         (g) The results of a customer-satisfaction survey of
 3287  businesses served. The Partnership shall hire a firm experienced
 3288  in survey research to develop, analyze, and report on the
 3289  results of the customer-satisfaction survey.
 3290         (h) An annual compliance and financial audit of accounts
 3291  and records by an independent certified public accountant at the
 3292  end of its most recent fiscal year performed in accordance with
 3293  rules adopted by the Auditor General.
 3294         (2) The detailed report required by this section shall also
 3295  include the information identified in subsection (1), if
 3296  applicable, for each division and Space Florida established
 3297  within the partnership.
 3298         Section 33. Section 288.907, Florida Statutes, is created
 3299  to read:
 3300         288.907Annual incentives report.—
 3301         (1) In addition to the annual report required under s.
 3302  288.906, the partnership, by December 30 of each year, shall
 3303  provide the Governor, the President of the Senate, and the
 3304  Speaker of the House of Representatives a detailed incentives
 3305  report quantifying the economic benefits for each of the
 3306  following economic development incentive programs marketed by
 3307  the partnership in its recruitment efforts: the Qualified Target
 3308  Industry Tax Refund Program, the Quick Action Closing Fund, the
 3309  Qualified Defense Contractor and Space Flight Business Tax
 3310  Refund Program, the High-Impact Business Performance Grant, the
 3311  Capital Investment Tax Credit Program, the Brownfield
 3312  Redevelopment Bonus Refunds incentive, and the Economic
 3313  Development Transportation grant program.
 3314         (a) The annual incentives report must include for each
 3315  incentive program:
 3316         1.A brief description of the incentive program.
 3317         2. The amount of awards granted, by year, since inception.
 3318         3. Beginning in 2015, the economic benefits, as defined in
 3319  s. 288.005, based on the actual amount of private capital
 3320  invested, actual number of jobs created, and actual wages paid
 3321  for incentive agreements completed during the previous 3 years.
 3322         4. Beginning in 2015, the report shall also include the
 3323  actual amount of private capital invested, actual number of jobs
 3324  created, and actual wages paid for incentive agreements
 3325  completed during the previous 3 years for each target industry
 3326  sector.
 3327         (b) For projects completed during the previous state fiscal
 3328  year, the report must include:
 3329         1. The number of economic development incentive
 3330  applications received.
 3331         2. The number of recommendations made to Jobs Florida by
 3332  the partnership, including the number recommended for approval
 3333  and the number recommended for denial.
 3334         3. The number of final decisions issued by Jobs Florida for
 3335  approval and for denial.
 3336         4. The projects for which a tax refund, tax credit, or cash
 3337  grant agreement was executed, identifying:
 3338         a. The number of jobs committed to be created.
 3339         b. The amount of capital investments committed to be made.
 3340         c. The annual average wage committed to be paid.
 3341         d. The amount of state economic development incentives
 3342  committed to the project from each incentive program under the
 3343  project’s terms of agreement with Jobs Florida.
 3344         (c) For economic development projects that received tax
 3345  refunds, tax credits, or cash grants under the terms of an
 3346  agreement for incentives, the report must identify:
 3347         1. The number of jobs actually created.
 3348         2. The amount of capital investments actually made.
 3349         3. The annual average wage paid.
 3350         (d) For a project receiving economic development incentives
 3351  approved by Jobs Florida and receiving federal or local
 3352  incentives, the report must include a description of the federal
 3353  or local incentives, if available.
 3354         (e) The report must state the number of withdrawn or
 3355  terminated projects that did not fulfill the terms of their
 3356  agreements with Jobs Florida and consequently are not receiving
 3357  incentives.
 3358         (f) The report must include an analysis of the economic
 3359  benefits, as defined in s. 288.005, of tax refunds, tax credits,
 3360  or other payments made to projects locating or expanding in
 3361  state enterprise zones, rural communities, brownfield areas, or
 3362  distressed urban communities.
 3363         (g) The report must identify the target industry businesses
 3364  and high-impact businesses.
 3365         (h) The report must describe the trends relating to
 3366  business interest in, and usage of, the various incentives, and
 3367  the number of minority-owned or woman-owned businesses receiving
 3368  incentives.
 3369         (2) The Division of Strategic Business Development within
 3370  Jobs Florida shall assist the partnership in the preparation of
 3371  the annual incentives report.
 3372         Section 34. Section 288.911, Florida Statutes, is amended
 3373  to read:
 3374         (Substantial rewording of section. See
 3375         s. 288.911, F.S., for present text.)
 3376         288.911 Creation and implementation of a marketing and
 3377  image campaign.—
 3378         (1) The Partnership, with the assistance of its Division of
 3379  Tourism Marketing and the private sector, shall create a
 3380  marketing campaign to help attract, develop, and retain target
 3381  industry businesses and high-impact businesses to this state.
 3382  The campaign must be coordinated with any existing economic
 3383  development promotion efforts in this state, and shall be
 3384  jointly funded from private and public resources.
 3385         (2) The message of the campaign shall be to increase
 3386  national and international awareness of this state as a state
 3387  ideally suited for the successful advancement of businesses
 3388  within the state’s target industries and high-impact industries.
 3389  Marketing strategies shall include development of promotional
 3390  materials, Internet and print advertising, public relations and
 3391  media placement, trade show attendance at information technology
 3392  events, and appropriate follow-up activities. Efforts to promote
 3393  this state must include the identification and coordination of
 3394  existing clusters of target industry businesses and high-impact
 3395  businesses and partnerships with economic development
 3396  organizations and private-sector businesses.
 3397         Section 35. Section 288.912, Florida Statutes, is created
 3398  to read:
 3399         288.912Inventory of communities seeking to recruit
 3400  businesses.—By September 30 of each year, a county or
 3401  municipality that has a population of at least 25,000 or its
 3402  local economic development organization must submit to the Jobs
 3403  Florida Partnership, Inc., a brief overview of the strengths,
 3404  services, and economic development incentives that its community
 3405  offers. The local government or its local economic development
 3406  organization also must identify any industries that it is
 3407  encouraging to locate or relocate to its area. A county or
 3408  municipality having a population of 25,000 or fewer or its local
 3409  economic development organization seeking to recruit businesses
 3410  may submit information as required in this section and may
 3411  participate in any activity or initiative resulting from the
 3412  collection, analysis, and reporting of the information to the
 3413  Jobs Florida Partnership, Inc., pursuant to this section.
 3414         Section 36. Section 288.92, Florida Statutes, is created to
 3415  read:
 3416         288.92Divisions and advisory councils of Jobs Florida
 3417  Partnership, Inc.—
 3418         (1)The partnership shall have the following divisions,
 3419  which have distinct responsibilities and complementary missions:
 3420         (a) The Division of International Trade and Business
 3421  Development;
 3422         (b) The Division of Business Retention and Recruitment;
 3423         (c) The Division of Tourism Marketing;
 3424         (d) The Division of Minority Business Development; and
 3425         (e) The Division of Sports Industry Development.
 3426         (2)(a) The officers and agents of the divisions shall be
 3427  hired and their annual compensation established by the president
 3428  of the partnership, as deemed appropriate by the board of
 3429  directors, and may be eligible for performance bonuses pursuant
 3430  to s. 288.905(3).
 3431         (b) The Partnership board of directors may organize the
 3432  divisions so that administrative staff and costs are shared and
 3433  thus minimized to the greatest extent possible.
 3434         (3) Space Florida shall be administratively housed within
 3435  the partnership and shall have the authority, powers, and duties
 3436  set forth in part II of chapter 331.
 3437         (4) Each division shall have an advisory council, comprised
 3438  of Florida residents with expertise in each division’s
 3439  particular responsibilities. The partnership may submit
 3440  nominations of persons to serve on each advisory council to the
 3441  Governor, who will select the members of each advisory council
 3442  from the lists submitted. Nominations for advisory council
 3443  membership shall include representatives from all geographic
 3444  areas of the state, including rural and urban communities. Each
 3445  advisory council shall elect a member to serve as the chair of
 3446  the council.
 3447         (5) The term for an advisory council member is 4 years. A
 3448  member may not serve more than two consecutive terms. The
 3449  Governor may remove any member for cause and shall fill all
 3450  vacancies that occur.
 3451         (6) Advisory council members shall serve without
 3452  compensation, but may be reimbursed for all reasonable,
 3453  necessary, and actual expenses, as determined by the
 3454  partnership’s board of directors.
 3455         Section 37. Section 288.921, Florida Statutes, is created
 3456  to read:
 3457         288.921Division of International Trade and Business
 3458  Development; responsibilities; advisory council.—
 3459         (1) There is created within the partnership the Division of
 3460  International Trade and Business Development.
 3461         (2) The division shall be responsible for:
 3462         (a) Developing business leads that generate increased
 3463  foreign investment in Florida;
 3464         (b) Developing programs, such as international trade shows,
 3465  that establish viable overseas markets for Florida products and
 3466  services;
 3467         (c) Facilitating the development and implementation of
 3468  strategies to secure financing for exporting Florida products
 3469  and services;
 3470         (d) Promoting opportunities for international joint-venture
 3471  relationships, using the resources of academic, business, and
 3472  other institutions;
 3473         (e) Coordinating and facilitating trade assistance for
 3474  Florida businesses;
 3475         (f) Participating in discussions and planning exercises
 3476  with the Florida Seaport Advisory Council, the state Department
 3477  of Transportation, and statewide transportation logistics and
 3478  intermodal mobility organizations regarding proposed
 3479  improvements to Florida’s infrastructure to attract and manage
 3480  international cargo and commerce.
 3481         (3) The division also shall assist the commissioner of Jobs
 3482  Florida with administering a grant program for promotion of
 3483  international trade.
 3484         (a) A county, municipality, economic development council,
 3485  or a nonprofit association of businesses organized to assist in
 3486  the promotion of international trade may apply for a grant of
 3487  state funds for the promotion of international trade.
 3488         (b) The division shall review each application for a grant
 3489  to promote international trade and annually submit to the
 3490  commissioner of Jobs Florida for approval a list of all
 3491  recommended applications for the award of grants, arranged in
 3492  order of priority.
 3493         1. The commissioner of Jobs Florida may allocate grants
 3494  only for projects that are approved or for which funds are
 3495  appropriated by the Legislature.
 3496         2. Projects approved and recommended by the division, which
 3497  are not funded by the Legislature, shall be retained on the
 3498  project list for the following grant cycle only.
 3499         3. All projects that are retained shall be required to
 3500  submit such information as may be required by the Department of
 3501  Jobs Florida as of the established deadline date of the latest
 3502  grant cycle in order to adequately reflect the most current
 3503  status of the project.
 3504         (4) The division shall draft and submit an annual report by
 3505  October 15 of each year which details the division’s activities
 3506  during the prior fiscal year and includes any recommendations
 3507  for improving current statutes related to international trade
 3508  and business development.
 3509         (5) A 15-member advisory council shall be appointed,
 3510  pursuant to s. 288.92, to make recommendations to the
 3511  partnership’s board of directors on matters pertaining to
 3512  international trade and business development projects for the
 3513  division to undertake and staffing of the division.
 3514         Section 38. Section 288.922, Florida Statutes, is created
 3515  to read:
 3516         288.922Division of Business Retention and Recruitment;
 3517  responsibilities; advisory council.—
 3518         (1) There is created within the partnership the Division
 3519  for Business Retention and Recruitment.
 3520         (2) The division shall coordinate with the commissioner of
 3521  Jobs Florida and the partnership to generate business leads on
 3522  companies interested in relocating to Florida, and on Florida
 3523  based companies interested in expanding or diversifying their
 3524  operations within the state.
 3525         (3) The division shall draft and submit an annual report by
 3526  October 15 that details the division’s activities during the
 3527  prior fiscal year and includes any recommendations for improving
 3528  current statutes related to business retention and recruitment.
 3529         (4) A 15-member advisory council shall be appointed,
 3530  pursuant to s. 288.92, to make recommendations to the
 3531  partnership board of directors on matters pertaining to
 3532  innovative methods of business development and recruitment
 3533  efforts, changes to existing economic development incentives or
 3534  implementation of new types of incentives, targeted industries
 3535  for recruitment or retention, and staffing of the division. The
 3536  advisory council shall include at least one representative from
 3537  each of the rural areas of critical economic concern established
 3538  pursuant to s. 288.0656(7).
 3539         Section 39. Section 288.923, Florida Statutes, is created
 3540  to read:
 3541         288.923Division of Tourism Marketing; definitions;
 3542  responsibilities; advisory council.—
 3543         (1) There is created within the partnership the Division of
 3544  Tourism Marketing. The division shall be known as VISIT Florida.
 3545  Jobs Florida Partnership, Inc., may register the fictitious
 3546  name, “VISIT Florida” for use in its activities of promoting
 3547  Florida as a tourist destination.
 3548         (2) As used in this section, the term:
 3549         (a) “Tourism marketing” means any effort exercised to
 3550  attract domestic and international visitors from outside the
 3551  state to destinations in this state and to stimulate Florida
 3552  resident tourism to areas within the state.
 3553         (b) “Tourist” means any person who participates in trade or
 3554  recreation activities outside the county of his or her permanent
 3555  residence or who rents or leases transient living quarters or
 3556  accommodations as described in s. 125.0104(3)(a).
 3557         (c) “County destination marketing organization” means a
 3558  public or private agency that is funded by local option tourist
 3559  development tax revenues under s. 125.0104, or local option
 3560  convention development tax revenues under s. 212.0305, and is
 3561  officially designated by a county commission to market and
 3562  promote the area for tourism or convention business or, in any
 3563  county that has not levied such taxes, a public or private
 3564  agency that is officially designated by the county commission to
 3565  market and promote the area for tourism or convention business.
 3566         (3)The division’s responsibilities and duties include, but
 3567  are not limited to:
 3568         (a) Advising the commissioner of Jobs Florida and the
 3569  partnership on development of domestic and international tourism
 3570  marketing campaigns featuring Florida;
 3571         (b) Developing and implementing, in conjunction with its
 3572  private partners, an annual tourism marketing campaign that
 3573  targets each region of the state, each season of the year, and
 3574  traditional as well as new tourist populations; and
 3575         (c) Developing a 4-year marketing plan explicitly
 3576  explaining how the division intends to:
 3577         1. Sustain overall tourism growth in this state;
 3578         2. Expand to new or under-represented tourist markets;
 3579         3. Solidify traditional and loyal tourist markets;
 3580         4. Coordinate efforts with county destination marketing
 3581  organizations, other local government marketing groups,
 3582  privately owned attractions and destinations, and other private
 3583  sector partners to create a seamless, four-season advertising
 3584  campaign for the state and its regions;
 3585         5. Develop innovative techniques or promotions to build
 3586  repeat visitation by targeted segments of the tourist
 3587  population;
 3588         6. Consider innovative sources of state funding for tourism
 3589  marketing; and
 3590         7. Develop and update periodically an emergency response
 3591  component to address natural and man-made disasters from a
 3592  marketing standpoint.
 3593  
 3594  The plan shall be annual in construction and ongoing in nature.
 3595  Any annual revisions of such a plan shall carry forward the
 3596  concepts of the remaining 3-year portion of that plan and
 3597  consider a continuum portion to preserve the 4-year time-frame
 3598  of the plan. The plan also shall include recommendations for
 3599  specific performance standards and measurable outcomes for the
 3600  division. The commissioner of Jobs Florida, in consultation with
 3601  the partnership’s board of directors, shall base the actual
 3602  performance metrics on these recommendations.
 3603         (d) Drafting and submitting an annual report by October 15
 3604  that details the division’s activities during the prior fiscal
 3605  year, and any recommendations for improving current statutes
 3606  related to tourism marketing.
 3607         (4) A 15-member advisory council shall be appointed,
 3608  pursuant to s. 288.92, to make recommendations to the
 3609  partnership’s board of directors on matters pertaining to ways
 3610  to improve or enhance the state’s tourism marketing efforts,
 3611  research on tourist populations and trends, innovative tourism
 3612  funding proposals, and staffing of the division. The advisory
 3613  council shall make recommendations to promote tourism
 3614  opportunities in all areas of this state.
 3615         Section 40. Section 288.925, Florida Statutes, is created
 3616  to read:
 3617         288.925The Division of Minority Business Investment;
 3618  responsibilities; advisory council.—
 3619         (1) There is created within the partnership the Division of
 3620  Minority Business Development.
 3621         (2) The division’s primary mission is to assist in the
 3622  development and expansion of minority business enterprises by:
 3623         (a) Administering the Black Business Loan Program in s.
 3624  288.7102 and assisting in the creation of a long-range strategic
 3625  policy for that program.
 3626         (b) Evaluating the unmet need for capital by minority
 3627  business enterprises in the state and providing a 5-year
 3628  projection of the need for capital by minority business
 3629  enterprises. The division may contract with an independent
 3630  entity to prepare the projection once every 5 years.
 3631         (c) Developing strategies to increase financial institution
 3632  investment in minority business enterprises.
 3633         (d) Advising Jobs Florida and the partnership about the
 3634  needs of minority business enterprises.
 3635         (e) Creating partnerships among federal, state, and local
 3636  governments, private enterprises, and national organizations to
 3637  aid in the development and expansion of minority business
 3638  enterprises.
 3639         (f) Acting as a clearinghouse for information by providing
 3640  a network of information resources for minority business
 3641  enterprises and facilitating the provision of technical
 3642  assistance in communities in which such services are otherwise
 3643  underserved.
 3644         (g) Aiding the development and expansion of minority
 3645  business enterprises by leveraging federal, state, local, and
 3646  private funds to be held by the partnership board of directors
 3647  for uses pursuant to this section and s. 288.7102.
 3648         (h) Marketing services to minority business enterprises,
 3649  including the Black Business Loan Program.
 3650         (i) Submitting an annual report by October 15 of each year
 3651  to the partnership’s board of directors which details the
 3652  previous fiscal year’s activities, including activities of the
 3653  black business investment corporations that make the loans to
 3654  qualified businesses, pursuant to s. 288.7102, identifiable
 3655  trends from the previous fiscal year’s loan activity, and any
 3656  recommended changes to the current program.
 3657         (3) A 15-member advisory council shall be appointed,
 3658  pursuant to s. 288.92, to make recommendations to the
 3659  partnership’s board of directors on such matters as how to
 3660  improve minority business access to capital, recommendations on
 3661  how to provide technical assistance and other business resources
 3662  to minority-owned businesses, and recommendations on the
 3663  staffing of the division. Members of the advisory council must
 3664  have experience in business, including financial services,
 3665  banking, or economic development. At least one of the appointees
 3666  must have experience in venture capitalism.
 3667         Section 41. Section 288.1229, Florida Statutes, is
 3668  transferred, renumbered as section 288.926, Florida Statutes,
 3669  and amended to read:
 3670         (Substantial rewording of section. See
 3671         s. 288.1229, F.S., for present text.)
 3672         288.926Division of Sports Industry Development;
 3673  responsibilities; duties; advisory council.—
 3674         (1) There is created within the partnership the Division of
 3675  Sports Industry Development.
 3676         (2)The division is responsible for:
 3677         (a) The promotion and development of professional and
 3678  amateur sports industries and related industries for the purpose
 3679  of improving the economic presence of these industries in this
 3680  state.
 3681         (b) The promotion of amateur athletic participation for the
 3682  citizens of this state, and the promotion of this state as a
 3683  host for national and international amateur athletic
 3684  competitions for the purpose of encouraging and increasing the
 3685  direct and ancillary economic benefits of amateur athletic
 3686  events and competitions.
 3687         (c) The retention of professional sports franchises,
 3688  including the spring training operations of Major League
 3689  Baseball.
 3690         (d) The drafting and submittal of an annual report, due
 3691  each October 15, to the partnership, which details the
 3692  division’s activities for the prior fiscal year and any
 3693  recommendations for improving current laws related to sports and
 3694  related industries.
 3695         (3) The division shall have the following duties:
 3696         (a) Developing, fostering, and coordinating services and
 3697  programs for amateur sports for all Floridians.
 3698         (b) Sponsoring amateur sports workshops, clinics,
 3699  conferences, and other similar activities.
 3700         (c) Giving recognition to outstanding developments and
 3701  achievements in, and contributions to, amateur sports.
 3702         (d) Encouraging, supporting, and assisting local
 3703  governments and communities in the development of or hosting of
 3704  local amateur athletic events and competitions.
 3705         (e) Promoting this state as a host for national and
 3706  international amateur athletic competitions.
 3707         (f) Continuing the amateur sports programs previously
 3708  conducted by the Florida Governor’s Council on Physical Fitness
 3709  and Amateur Sports created under the former s. 14.22.
 3710         (g) Encouraging and continuing the use of volunteers in its
 3711  amateur sports programs to the maximum extent possible.
 3712         (h) Developing, fostering, and coordinating services and
 3713  programs designed to encourage the participation of Florida’s
 3714  youth in Olympic sports activities and competitions.
 3715         (i) Fostering and coordinating services and programs
 3716  designed to contribute to the physical fitness of the citizens
 3717  of this state.
 3718         (j) Developing a statewide program of amateur athletic
 3719  competition to be known as the “Sunshine State Games.” The
 3720  Sunshine State Games shall be patterned after the Summer
 3721  Olympics with variations as necessitated by availability of
 3722  facilities, equipment, and expertise. The games shall be
 3723  designed to encourage the participation of athletes representing
 3724  a broad range of age groups, skill levels, and Florida
 3725  communities. Participants shall be residents of this state.
 3726  Regional competitions shall be held throughout the state, and
 3727  the top qualifiers in each sport shall proceed to the final
 3728  competitions to be held at a site in the state with the
 3729  necessary facilities and equipment for conducting the
 3730  competitions.
 3731         (4) The Executive Office of the Governor is authorized to
 3732  permit the use of property, facilities, and personnel services
 3733  of or at any State University System facility or institution by
 3734  the division for operating the Sunshine State Games. For the
 3735  purposes of this paragraph, personnel services includes full
 3736  time or part-time personnel as well as payroll processing. Any
 3737  funds or property held in trust by the Sunshine State Games
 3738  Foundation, Inc., and the Florida Governor’s Council on Physical
 3739  Fitness and Amateur Sports shall revert to the division upon
 3740  expiration or cancellation of the contract with the Sunshine
 3741  State Games Foundation, Inc., and the Florida Governor’s Council
 3742  on Physical Fitness and Amateur Sports, to be used for the
 3743  promotion of amateur sports in this state.
 3744         (5)(a)A 15-member advisory council shall be appointed,
 3745  pursuant to s. 288.92, to make recommendations to the
 3746  partnership board of directors on the activities and staffing of
 3747  the division.
 3748         (b) Applicants for the advisory council must have either a
 3749  background in community service in, or financial support of, the
 3750  sports industry, professional sports, or organized amateur
 3751  athletics. They also should be knowledgeable about or active in
 3752  professional or organized amateur sports. Additionally, the
 3753  advisory council’s membership must be representative of all
 3754  geographical regions of the state and reflect the state’s ethnic
 3755  and gender diversity.
 3756         Section 42. Paragraph (d) is added to subsection (6) of
 3757  section 290.0055, Florida Statutes, to read:
 3758         290.0055 Local nominating procedure.—
 3759         (6)
 3760         (d)1. Effective January 1, 2012, the governing body of a
 3761  jurisdiction which nominated the application for an enterprise
 3762  zone that is no larger than 12 square miles and includes a
 3763  portion of the state designated as a rural area of critical
 3764  economic concern pursuant to s. 288.0656(7) may apply to Jobs
 3765  Florida to expand the boundary of the enterprise zone by not
 3766  more than 3 square miles. Such application must be submitted by
 3767  December 31, 2012.
 3768         2. Notwithstanding the area limitations specified in
 3769  subsection (4), Jobs Florida may approve the request for a
 3770  boundary amendment if the area continues to satisfy the
 3771  remaining requirements of this section.
 3772         3. Jobs Florida shall establish the initial effective date
 3773  of an enterprise zone designated under this paragraph.
 3774         Section 43. Section 290.00726, Florida Statutes, is created
 3775  to read:
 3776         290.00726Enterprise zone designation for Martin County.
 3777  Effective January 1, 2012, Martin County may apply to Jobs
 3778  Florida for designation of one enterprise zone for an area
 3779  within Martin County, which zone shall encompass an area up to
 3780  10 square miles consisting of land within the primary urban
 3781  services boundary and focusing on Indiantown, but excluding
 3782  property owned by Florida Power and Light to the west, two areas
 3783  to the north designated as estate residential, and the county
 3784  owned Timer Powers Recreational Area. Within the designated
 3785  enterprise zone, Martin County shall exempt residential
 3786  condominiums from benefiting from state enterprise zone
 3787  incentives, unless prohibited by law. The application must have
 3788  been submitted by December 31, 2011, and must comply with the
 3789  requirements of s. 290.0055. Notwithstanding s. 290.0065
 3790  limiting the total number of enterprise zones designated and the
 3791  number of enterprise zones within a population category, Jobs
 3792  Florida may designate one enterprise zone under this section.
 3793  Jobs Florida shall establish the initial effective date of the
 3794  enterprise zone designated pursuant to this section.
 3795         Section 44. Subsection (4) of section 409.942, Florida
 3796  Statutes, is amended to read:
 3797         409.942 Electronic benefit transfer program.—
 3798         (4) Workforce Florida, Inc., through the Agency for
 3799  Workforce Innovation, shall establish an electronic benefit
 3800  transfer program for the use and management of education,
 3801  training, child care, transportation, and other program benefits
 3802  under its direction. The workforce electronic benefit transfer
 3803  program shall fulfill all federal and state requirements for
 3804  Individual Training Accounts, Retention Incentive Training
 3805  Accounts, Individual Development Accounts, and Individual
 3806  Services Accounts. The workforce electronic benefit transfer
 3807  program shall be designed to enable an individual who receives
 3808  an electronic benefit transfer card under subsection (1) to use
 3809  that card for purposes of benefits provided under the workforce
 3810  development system as well. The Department of Children and
 3811  Family Services shall assist Workforce Florida, Inc., in
 3812  developing an electronic benefit transfer program for the
 3813  workforce development system that is fully compatible with the
 3814  department’s electronic benefit transfer program. The agency
 3815  shall reimburse the department for all costs incurred in
 3816  providing such assistance and shall pay all costs for the
 3817  development of the workforce electronic benefit transfer
 3818  program.
 3819         Section 45. Section 411.0102, Florida Statutes, is amended
 3820  to read:
 3821         411.0102 Child Care Executive Partnership Act; findings and
 3822  intent; grant; limitation; rules.—
 3823         (1) This section may be cited as the “Child Care Executive
 3824  Partnership Act.”
 3825         (2)(a) The Legislature finds that when private employers
 3826  provide onsite child care or provide other child care benefits,
 3827  they benefit by improved recruitment and higher retention rates
 3828  for employees, lower absenteeism, and improved employee morale.
 3829  The Legislature also finds that there are many ways in which
 3830  private employers can provide child care assistance to
 3831  employees: information and referral, vouchering, employer
 3832  contribution to child care programs, and onsite care. Private
 3833  employers can offer child care as part of a menu of employee
 3834  benefits. The Legislature recognizes that flexible compensation
 3835  programs providing a child care option are beneficial to the
 3836  private employer through increased productivity, to the private
 3837  employee in knowing that his or her children are being cared for
 3838  in a safe and nurturing environment, and to the state in more
 3839  dollars being available for purchasing power and investment.
 3840         (b) It is the intent of the Legislature to promote
 3841  public/private partnerships to ensure that the children of the
 3842  state be provided safe and enriching child care at any time, but
 3843  especially while parents work to remain self-sufficient. It is
 3844  the intent of the Legislature that private employers be
 3845  encouraged to participate in the future of this state by
 3846  providing employee child care benefits. Further, it is the
 3847  intent of the Legislature to encourage private employers to
 3848  explore innovative ways to assist employees to obtain quality
 3849  child care.
 3850         (c) The Legislature further recognizes that many parents
 3851  need assistance in paying the full costs of quality child care.
 3852  The public and private sectors, by working in partnership, can
 3853  promote and improve access to quality child care and early
 3854  education for children of working families who need it.
 3855  Therefore, a more formal mechanism is necessary to stimulate the
 3856  establishment of public-private partnerships. It is the intent
 3857  of the Legislature to expand the availability of scholarship
 3858  options for working families by providing incentives for
 3859  employers to contribute to meeting the needs of their employees’
 3860  families through matching public dollars available for child
 3861  care.
 3862         (3) There is created a body politic and corporate known as
 3863  the Child Care Executive Partnership which shall establish and
 3864  govern the Child Care Executive Partnership Program. The purpose
 3865  of the Child Care Executive Partnership Program is to utilize
 3866  state and federal funds as incentives for matching local funds
 3867  derived from local governments, employers, charitable
 3868  foundations, and other sources so that Florida communities may
 3869  create local flexible partnerships with employers. The Child
 3870  Care Executive Partnership Program funds shall be used at the
 3871  discretion of local communities to meet the needs of working
 3872  parents. A child care purchasing pool shall be developed with
 3873  the state, federal, and local funds to provide subsidies to low
 3874  income working parents whose family income does not exceed the
 3875  allowable income for any federally subsidized child care program
 3876  with a dollar-for-dollar match from employers, local government,
 3877  and other matching contributions. The funds used from the child
 3878  care purchasing pool must be used to supplement or extend the
 3879  use of existing public or private funds.
 3880         (4) The Child Care Executive Partnership, staffed by the
 3881  Department of Education Agency for Workforce Innovation, shall
 3882  consist of a representative of the Executive Office of the
 3883  Governor and nine members of the corporate or child care
 3884  community, appointed by the Governor.
 3885         (a) Members shall serve for a period of 4 years, except
 3886  that the representative of the Executive Office of the Governor
 3887  shall serve at the pleasure of the Governor.
 3888         (b) The Child Care Executive Partnership shall be chaired
 3889  by a member chosen by a majority vote and shall meet at least
 3890  quarterly and at other times upon the call of the chair. The
 3891  Child Care Executive Partnership may use any method of
 3892  telecommunications to conduct meetings, including establishing a
 3893  quorum through telecommunications, only if the public is given
 3894  proper notice of a telecommunications meeting and reasonable
 3895  access to observe and, when appropriate, participate.
 3896         (c) Members shall serve without compensation, but may be
 3897  reimbursed for per diem and travel expenses in accordance with
 3898  s. 112.061.
 3899         (d) The Child Care Executive Partnership shall have all the
 3900  powers and authority, not explicitly prohibited by statute,
 3901  necessary to carry out and effectuate the purposes of this
 3902  section, as well as the functions, duties, and responsibilities
 3903  of the partnership, including, but not limited to, the
 3904  following:
 3905         1. Assisting in the formulation and coordination of the
 3906  state’s child care policy.
 3907         2. Adopting an official seal.
 3908         3. Soliciting, accepting, receiving, investing, and
 3909  expending funds from public or private sources.
 3910         4. Contracting with public or private entities as
 3911  necessary.
 3912         5. Approving an annual budget.
 3913         6. Carrying forward any unexpended state appropriations
 3914  into succeeding fiscal years.
 3915         7. Providing a report to the Governor, the Speaker of the
 3916  House of Representatives, and the President of the Senate, on or
 3917  before December 1 of each year.
 3918         (5)(a) The Legislature shall annually determine the amount
 3919  of state or federal low-income child care moneys which shall be
 3920  used to create Child Care Executive Partnership Program child
 3921  care purchasing pools in counties chosen by the Child Care
 3922  Executive Partnership, provided that at least two of the
 3923  counties have populations of no more than 300,000. The
 3924  Legislature shall annually review the effectiveness of the child
 3925  care purchasing pool program and reevaluate the percentage of
 3926  additional state or federal funds, if any, which that can be
 3927  used for the program’s expansion.
 3928         (b) To ensure a seamless service delivery and ease of
 3929  access for families, an early learning coalition or the
 3930  Department of Education Agency for Workforce Innovation shall
 3931  administer the child care purchasing pool funds.
 3932         (c) The Department of Education Agency for Workforce
 3933  Innovation, in conjunction with the Child Care Executive
 3934  Partnership, shall develop procedures for disbursement of funds
 3935  through the child care purchasing pools. In order to be
 3936  considered for funding, an early learning coalition or the
 3937  Department of Education Agency for Workforce Innovation must
 3938  commit to:
 3939         1. Matching the state purchasing pool funds on a dollar
 3940  for-dollar basis; and
 3941         2. Expending only those public funds that which are matched
 3942  by employers, local government, and other matching contributors
 3943  who contribute to the purchasing pool. Parents shall also pay a
 3944  fee, which may not be less than the amount identified in the
 3945  early learning coalition’s school readiness program sliding fee
 3946  scale.
 3947         (d) Each early learning coalition shall establish a
 3948  community child care task force for each child care purchasing
 3949  pool. The task force must be composed of employers, parents,
 3950  private child care providers, and one representative from the
 3951  local children’s services council, if one exists in the area of
 3952  the purchasing pool. The early learning coalition is expected to
 3953  recruit the task force members from existing child care
 3954  councils, commissions, or task forces already operating in the
 3955  area of a purchasing pool. A majority of the task force shall
 3956  consist of employers.
 3957         (e) Each participating early learning coalition board shall
 3958  develop a plan for the use of child care purchasing pool funds.
 3959  The plan must show how many children will be served by the
 3960  purchasing pool, how many will be new to receiving child care
 3961  services, and how the early learning coalition intends to
 3962  attract new employers and their employees to the program.
 3963         (6) The Department of Education Agency for Workforce
 3964  Innovation shall adopt any rules necessary for the
 3965  implementation and administration of this section.
 3966         Section 46. Section 1002.73, Florida Statutes, is amended
 3967  to read:
 3968         1002.73 Department of Education; powers and duties;
 3969  accountability requirements; operational requirements.—
 3970         (1) The department shall administer the accountability
 3971  requirements and operational requirements of the Voluntary
 3972  Prekindergarten Education Program at the state level. The
 3973  department shall ensure the preservation of parental choice by
 3974  permitting parents to choose from a variety of child care
 3975  categories, including: Center-based child care; Group home child
 3976  care; Family child care; and In-home child care. Under each of
 3977  the above categories, care and curriculum by a sectarian
 3978  provider may not be limited or excluded.
 3979         (2) The department shall adopt procedures for its:
 3980         (a) Approval of prekindergarten director credentials under
 3981  ss. 1002.55 and 1002.57.
 3982         (b) Approval of emergent literacy training courses under
 3983  ss. 1002.55 and 1002.59.
 3984         (c) Administration of the statewide kindergarten screening
 3985  and calculation of kindergarten readiness rates under s.
 3986  1002.69.
 3987         (d) Approval of specialized instructional services
 3988  providers under s. 1002.66.
 3989         (e) Granting of a private prekindergarten provider’s or
 3990  public school’s request for a good cause exemption under s.
 3991  1002.69(7).
 3992         (3) The department shall adopt procedures governing the
 3993  administration of the Voluntary Prekindergarten Education
 3994  Program by the early learning coalitions and school districts
 3995  for:
 3996         (a) Enrolling children in and determining the eligibility
 3997  of children for the Voluntary Prekindergarten Education Program
 3998  under s. 1002.53.
 3999         (b) Providing parents with profiles of private
 4000  prekindergarten providers and public schools under s. 1002.53.
 4001         (c) Registering private prekindergarten providers and
 4002  public schools to deliver the program under ss. 1002.55,
 4003  1002.61, and 1002.63.
 4004         (d) Determining the eligibility of private prekindergarten
 4005  providers to deliver the program under ss. 1002.55 and 1002.61.
 4006         (e) Verifying the compliance of private prekindergarten
 4007  providers and public schools and removing providers or schools
 4008  from eligibility to deliver the program due to noncompliance or
 4009  misconduct as provided in s. 1002.67.
 4010         (f) Paying private prekindergarten providers and public
 4011  schools under s. 1002.71.
 4012         (g) Documenting and certifying student enrollment and
 4013  student attendance under s. 1002.71.
 4014         (h) Reconciling advance payments in accordance with the
 4015  uniform attendance policy under s. 1002.71.
 4016         (i) Reenrolling students dismissed by a private
 4017  prekindergarten provider or public school for noncompliance with
 4018  the provider’s or school district’s attendance policy under s.
 4019  1002.71.
 4020         (4) The department shall adopt procedures governing the
 4021  administration of the Voluntary Prekindergarten Education
 4022  Program by the early learning coalitions and school districts
 4023  for:
 4024         (a) Approving improvement plans of private prekindergarten
 4025  providers and public schools under s. 1002.67.
 4026         (b) Placing private prekindergarten providers and public
 4027  schools on probation and requiring corrective actions under s.
 4028  1002.67.
 4029         (c) Removing a private prekindergarten provider or public
 4030  school from eligibility to deliver the program due to the
 4031  provider’s or school’s remaining on probation beyond the time
 4032  permitted under s. 1002.67.
 4033         (d) Enrolling children in and determining the eligibility
 4034  of children for the Voluntary Prekindergarten Education Program
 4035  under s. 1002.66.
 4036         (e) Paying specialized instructional services providers
 4037  under s. 1002.66.
 4038         (5) The department shall also adopt procedures for the
 4039  distribution of funds to early learning coalitions under s.
 4040  1002.71.
 4041         (6)(3) Except as provided by law, the department may not
 4042  impose requirements on a private prekindergarten provider or
 4043  public school that does not deliver the Voluntary
 4044  Prekindergarten Education Program or receive state funds under
 4045  this part.
 4046         Section 47. Paragraph (i) of subsection (3) of section
 4047  11.45, Florida Statutes, is amended to read:
 4048         11.45 Definitions; duties; authorities; reports; rules.—
 4049         (3) AUTHORITY FOR AUDITS AND OTHER ENGAGEMENTS.—The Auditor
 4050  General may, pursuant to his or her own authority, or at the
 4051  direction of the Legislative Auditing Committee, conduct audits
 4052  or other engagements as determined appropriate by the Auditor
 4053  General of:
 4054         (i) The Jobs Florida Partnership Enterprise Florida, Inc.,
 4055  including any of its boards, advisory committees, or similar
 4056  groups created by the Jobs Florida Partnership Enterprise
 4057  Florida, Inc., and programs. The audit report may not reveal the
 4058  identity of any person who has anonymously made a donation to
 4059  the Jobs Florida Partnership Enterprise Florida, Inc., pursuant
 4060  to this paragraph. The identity of a donor or prospective donor
 4061  to the Jobs Florida Partnership Enterprise Florida, Inc., who
 4062  desires to remain anonymous and all information identifying such
 4063  donor or prospective donor are confidential and exempt from the
 4064  provisions of s. 119.07(1) and s. 24(a), Art. I of the State
 4065  Constitution. Such anonymity shall be maintained in the
 4066  auditor’s report.
 4067         Section 48. Paragraph (b) of subsection (2) of section
 4068  14.20195, Florida Statutes, is amended to read:
 4069         14.20195 Suicide Prevention Coordinating Council; creation;
 4070  membership; duties.—There is created within the Statewide Office
 4071  for Suicide Prevention a Suicide Prevention Coordinating
 4072  Council. The council shall develop strategies for preventing
 4073  suicide.
 4074         (2) MEMBERSHIP.—The Suicide Prevention Coordinating Council
 4075  shall consist of 28 voting members.
 4076         (b) The following state officials or their designees shall
 4077  serve on the coordinating council:
 4078         1. The Secretary of Elderly Affairs.
 4079         2. The State Surgeon General.
 4080         3. The Commissioner of Education.
 4081         4. The Secretary of Health Care Administration.
 4082         5. The Secretary of Juvenile Justice.
 4083         6. The Secretary of Corrections.
 4084         7. The executive director of the Department of Law
 4085  Enforcement.
 4086         8. The executive director of the Department of Veterans’
 4087  Affairs.
 4088         9. The Secretary of Children and Family Services.
 4089         10. The commissioner director of Jobs Florida the Agency
 4090  for Workforce Innovation.
 4091         Section 49. Section 15.18, Florida Statutes, is amended to
 4092  read:
 4093         15.18 International and cultural relations.—The Divisions
 4094  of Cultural Affairs, Historical Resources, and Library and
 4095  Information Services of the Department of State promote programs
 4096  having substantial cultural, artistic, and indirect economic
 4097  significance that emphasize American creativity. The Secretary
 4098  of State, as the head administrator of these divisions, shall
 4099  hereafter be known as “Florida’s Chief Cultural Officer.” As
 4100  this officer, the Secretary of State is encouraged to initiate
 4101  and develop relationships between the state and foreign cultural
 4102  officers, their representatives, and other foreign governmental
 4103  officials in order to promote Florida as the center of American
 4104  creativity. The Secretary of State shall coordinate
 4105  international activities pursuant to this section with the Jobs
 4106  Florida Partnership Enterprise Florida, Inc., and any other
 4107  organization the secretary deems appropriate. For the
 4108  accomplishment of this purpose, the Secretary of State shall
 4109  have the power and authority to:
 4110         (1) Disseminate any information pertaining to the State of
 4111  Florida which promotes the state’s cultural assets.
 4112         (2) Plan and carry out activities designed to cause
 4113  improved cultural and governmental programs and exchanges with
 4114  foreign countries.
 4115         (3) Plan and implement cultural and social activities for
 4116  visiting foreign heads of state, diplomats, dignitaries, and
 4117  exchange groups.
 4118         (4) Encourage and cooperate with other public and private
 4119  organizations or groups in their efforts to promote the cultural
 4120  advantages of Florida.
 4121         (5) Serve as the liaison with all foreign consular and
 4122  ambassadorial corps, as well as international organizations,
 4123  that are consistent with the purposes of this section.
 4124         (6) Provide, arrange, and make expenditures for the
 4125  achievement of any or all of the purposes specified in this
 4126  section.
 4127         (7) Notwithstanding the provisions of part I of chapter
 4128  287, promulgate rules for entering into contracts which are
 4129  primarily for promotional services and events, which may include
 4130  commodities involving a service. Such rules shall include the
 4131  authority to negotiate costs with the offerors of such services
 4132  and commodities who have been determined to be qualified on the
 4133  basis of technical merit, creative ability, and professional
 4134  competency. The rules shall only apply to the expenditure of
 4135  funds donated for promotional services and events. Expenditures
 4136  of appropriated funds shall be made only in accordance with part
 4137  I of chapter 287.
 4138         Section 50. Section 15.182, Florida Statutes, is amended to
 4139  read:
 4140         15.182 International travel by state-funded musical,
 4141  cultural, or artistic organizations; notification to Jobs
 4142  Florida Office of Tourism, Trade, and Economic Development.—
 4143         (1) If a musical, cultural, or artistic organization that
 4144  receives state funding is traveling internationally for a
 4145  presentation, performance, or other significant public viewing,
 4146  including an organization associated with a college or
 4147  university, such organization shall notify Jobs Florida The
 4148  Office of Tourism, Trade, and Economic Development of its
 4149  intentions to travel, together with the date, time, and location
 4150  of each appearance.
 4151         (2) Jobs Florida The Office of Tourism, Trade, and Economic
 4152  Development, in conjunction with the Jobs Florida Partnership
 4153  Enterprise Florida, Inc., shall act as an intermediary between
 4154  performing musical, cultural, and artistic organizations and
 4155  Florida businesses to encourage and coordinate joint
 4156  undertakings. Such coordination may include, but is not limited
 4157  to, encouraging business and industry to sponsor cultural
 4158  events, assistance with travel of such organizations, and
 4159  coordinating travel schedules of cultural performance groups and
 4160  international trade missions.
 4161         (3) An organization shall provide the notification to the
 4162  Department of State required by this section at least 30 days
 4163  before prior to the date the international travel is to commence
 4164  or, when an intention to travel internationally is not formed at
 4165  least 30 days in advance of the date the travel is to commence,
 4166  as soon as feasible after forming such travel intention. The
 4167  Department of State shall take an active role in informing such
 4168  groups of the responsibility to notify the department of travel
 4169  intentions.
 4170         Section 51. Paragraph (j) of subsection (1) of section
 4171  16.615, Florida Statutes, is amended to read:
 4172         16.615 Council on the Social Status of Black Men and Boys.—
 4173         (1) The Council on the Social Status of Black Men and Boys
 4174  is established within the Department of Legal Affairs and shall
 4175  consist of 19 members appointed as follows:
 4176         (j) The commissioner director of Jobs Florida the Agency
 4177  for Workforce Innovation or his or her designee.
 4178         Section 52. Paragraph (a) of subsection (8) and paragraph
 4179  (a) of subsection (9) of section 39.001, Florida Statutes, are
 4180  amended to read:
 4181         39.001 Purposes and intent; personnel standards and
 4182  screening.—
 4183         (8) PLAN FOR COMPREHENSIVE APPROACH.—
 4184         (a) The office shall develop a state plan for the promotion
 4185  of adoption, support of adoptive families, and prevention of
 4186  abuse, abandonment, and neglect of children and shall submit the
 4187  state plan to the Speaker of the House of Representatives, the
 4188  President of the Senate, and the Governor no later than December
 4189  31, 2008. The Department of Children and Family Services, the
 4190  Department of Corrections, the Department of Education, the
 4191  Department of Health, the Department of Juvenile Justice, the
 4192  Department of Law Enforcement, and the Agency for Persons with
 4193  Disabilities, and the Agency for Workforce Innovation shall
 4194  participate and fully cooperate in the development of the state
 4195  plan at both the state and local levels. Furthermore,
 4196  appropriate local agencies and organizations shall be provided
 4197  an opportunity to participate in the development of the state
 4198  plan at the local level. Appropriate local groups and
 4199  organizations shall include, but not be limited to, community
 4200  mental health centers; guardian ad litem programs for children
 4201  under the circuit court; the school boards of the local school
 4202  districts; the Florida local advocacy councils; community-based
 4203  care lead agencies; private or public organizations or programs
 4204  with recognized expertise in working with child abuse prevention
 4205  programs for children and families; private or public
 4206  organizations or programs with recognized expertise in working
 4207  with children who are sexually abused, physically abused,
 4208  emotionally abused, abandoned, or neglected and with expertise
 4209  in working with the families of such children; private or public
 4210  programs or organizations with expertise in maternal and infant
 4211  health care; multidisciplinary child protection teams; child day
 4212  care centers; law enforcement agencies; and the circuit courts,
 4213  when guardian ad litem programs are not available in the local
 4214  area. The state plan to be provided to the Legislature and the
 4215  Governor shall include, as a minimum, the information required
 4216  of the various groups in paragraph (b).
 4217         (9) FUNDING AND SUBSEQUENT PLANS.—
 4218         (a) All budget requests submitted by the office, the
 4219  department, the Department of Health, the Department of
 4220  Education, the Department of Juvenile Justice, the Department of
 4221  Corrections, the Agency for Persons with Disabilities, the
 4222  Agency for Workforce Innovation, or any other agency to the
 4223  Legislature for funding of efforts for the promotion of
 4224  adoption, support of adoptive families, and prevention of child
 4225  abuse, abandonment, and neglect shall be based on the state plan
 4226  developed pursuant to this section.
 4227         Section 53. Paragraph (a) of subsection (7) of section
 4228  45.031, Florida Statutes, is amended to read:
 4229         45.031 Judicial sales procedure.—In any sale of real or
 4230  personal property under an order or judgment, the procedures
 4231  provided in this section and ss. 45.0315-45.035 may be followed
 4232  as an alternative to any other sale procedure if so ordered by
 4233  the court.
 4234         (7) DISBURSEMENTS OF PROCEEDS.—
 4235         (a) On filing a certificate of title, the clerk shall
 4236  disburse the proceeds of the sale in accordance with the order
 4237  or final judgment and shall file a report of such disbursements
 4238  and serve a copy of it on each party, and on the Department of
 4239  Revenue if the department was named as a defendant in the action
 4240  or if Jobs Florida or the former Agency for Workforce Innovation
 4241  or the former Department of Labor and Employment Security was
 4242  named as a defendant while the Department of Revenue was
 4243  providing unemployment tax collection services under contract
 4244  with Jobs Florida or the former Agency for Workforce Innovation
 4245  through an interagency agreement pursuant to s. 443.1316.
 4246         Section 54. Paragraph (a) of subsection (4) of section
 4247  69.041, Florida Statutes, is amended to read:
 4248         69.041 State named party; lien foreclosure, suit to quiet
 4249  title.—
 4250         (4)(a) The Department of Revenue has the right to
 4251  participate in the disbursement of funds remaining in the
 4252  registry of the court after distribution pursuant to s.
 4253  45.031(7). The department shall participate in accordance with
 4254  applicable procedures in any mortgage foreclosure action in
 4255  which the department has a duly filed tax warrant, or interests
 4256  under a lien arising from a judgment, order, or decree for
 4257  support, as defined in s. 409.2554, or interest in an
 4258  unemployment compensation tax lien under contract with Jobs
 4259  Florida the Agency for Workforce Innovation through an
 4260  interagency agreement pursuant to s. 443.1316, against the
 4261  subject property and with the same priority, regardless of
 4262  whether a default against the department, Jobs Florida, or the
 4263  former Agency for Workforce Innovation, or the former Department
 4264  of Labor and Employment Security has been entered for failure to
 4265  file an answer or other responsive pleading.
 4266         Section 55. Subsection (3) of section 112.3135, Florida
 4267  Statutes, is amended to read:
 4268         112.3135 Restriction on employment of relatives.—
 4269         (3) An agency may prescribe regulations authorizing the
 4270  temporary employment, in the event of an emergency as defined in
 4271  s. 252.34(3), of individuals whose employment would be otherwise
 4272  prohibited by this section.
 4273         Section 56. Paragraph (d) of subsection (2) and paragraph
 4274  (f) of subsection (5) of section 119.071, Florida Statutes, are
 4275  amended to read:
 4276         119.071 General exemptions from inspection or copying of
 4277  public records.—
 4278         (2) AGENCY INVESTIGATIONS.—
 4279         (d) Any information revealing surveillance techniques or
 4280  procedures or personnel is exempt from s. 119.07(1) and s.
 4281  24(a), Art. I of the State Constitution. Any comprehensive
 4282  inventory of state and local law enforcement resources compiled
 4283  pursuant to part I, chapter 23, and any comprehensive policies
 4284  or plans compiled by a criminal justice agency pertaining to the
 4285  mobilization, deployment, or tactical operations involved in
 4286  responding to an emergency emergencies, as defined in s.
 4287  252.34(3), are exempt from s. 119.07(1) and s. 24(a), Art. I of
 4288  the State Constitution and unavailable for inspection, except by
 4289  personnel authorized by a state or local law enforcement agency,
 4290  the office of the Governor, the Department of Legal Affairs, the
 4291  Department of Law Enforcement, or the Office of Emergency
 4292  Management the Department of Community Affairs as having an
 4293  official need for access to the inventory or comprehensive
 4294  policies or plans.
 4295         (5) OTHER PERSONAL INFORMATION.—
 4296         (f) Medical history records and information related to
 4297  health or property insurance provided to Jobs Florida the
 4298  Department of Community Affairs, the Florida Housing Finance
 4299  Corporation, a county, a municipality, or a local housing
 4300  finance agency by an applicant for or a participant in a
 4301  federal, state, or local housing assistance program are
 4302  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
 4303  of the State Constitution. Governmental entities or their agents
 4304  shall have access to such confidential and exempt records and
 4305  information for the purpose of auditing federal, state, or local
 4306  housing programs or housing assistance programs. Such
 4307  confidential and exempt records and information may be used in
 4308  any administrative or judicial proceeding, provided such records
 4309  are kept confidential and exempt unless otherwise ordered by a
 4310  court.
 4311         Section 57. Subsection (10) of section 120.80, Florida
 4312  Statutes, is amended to read:
 4313         120.80 Exceptions and special requirements; agencies.—
 4314         (10) JOBS FLORIDA AGENCY FOR WORKFORCE INNOVATION.—
 4315         (a) Notwithstanding s. 120.54, the rulemaking provisions of
 4316  this chapter do not apply to unemployment appeals referees.
 4317         (b) Notwithstanding s. 120.54(5), the uniform rules of
 4318  procedure do not apply to appeal proceedings conducted under
 4319  chapter 443 by the Unemployment Appeals Commission, special
 4320  deputies, or unemployment appeals referees.
 4321         (c) Notwithstanding s. 120.57(1)(a), hearings under chapter
 4322  443 may not be conducted by an administrative law judge assigned
 4323  by the division, but instead shall be conducted by the
 4324  Unemployment Appeals Commission in unemployment compensation
 4325  appeals, unemployment appeals referees, and Jobs Florida the
 4326  Agency for Workforce Innovation or its special deputies under s.
 4327  443.141.
 4328         Section 58. Subsection (1) of section 125.01045, Florida
 4329  Statutes, is amended to read:
 4330         125.01045 Prohibition of fees for first responder
 4331  services.—
 4332         (1) A county may not impose a fee or seek reimbursement for
 4333  any costs or expenses that may be incurred for services provided
 4334  by a first responder, including costs or expenses related to
 4335  personnel, supplies, motor vehicles, or equipment in response to
 4336  a motor vehicle accident, except for costs to contain or clean
 4337  up hazardous materials in quantities reportable to the Florida
 4338  State Warning Point at the Office Division of Emergency
 4339  Management, and costs for transportation and treatment provided
 4340  by ambulance services licensed pursuant to s. 401.23(4) and (5).
 4341         Section 59. Subsection (11) of section 159.803, Florida
 4342  Statutes, is amended to read:
 4343         159.803 Definitions.—As used in this part, the term:
 4344         (11) “Florida First Business project” means any project
 4345  which is certified by Jobs Florida the Office of Tourism, Trade,
 4346  and Economic Development as eligible to receive an allocation
 4347  from the Florida First Business allocation pool established
 4348  pursuant to s. 159.8083. Jobs Florida The Office of Tourism,
 4349  Trade, and Economic Development may certify those projects
 4350  meeting the criteria set forth in s. 288.106(4)(b) or any
 4351  project providing a substantial economic benefit to this state.
 4352         Section 60. Paragraph (a) of subsection (2) of section
 4353  159.8081, Florida Statutes, is amended to read:
 4354         159.8081 Manufacturing facility bond pool.—
 4355         (2)(a) The first 75 percent of this pool shall be available
 4356  on a first come, first served basis, except that 15 percent of
 4357  the state volume limitation allocated to this pool shall be
 4358  available as provided in paragraph (b). Before Prior to issuing
 4359  any written confirmations for the remaining 25 percent of this
 4360  pool, the director shall forward all notices of intent to issue
 4361  which are received by the division for manufacturing facility
 4362  projects to Jobs Florida the Office of Tourism, Trade, and
 4363  Economic Development. Jobs Florida The Office of Tourism, Trade,
 4364  and Economic Development and the Department of Community Affairs
 4365  shall decide, after receipt of the notices of intent to issue,
 4366  which notices will receive written confirmations. Such decision
 4367  shall be communicated in writing by Jobs Florida the Office of
 4368  Tourism, Trade, and Economic Development to the director within
 4369  10 days of receipt of such notices of intent to issue. Jobs
 4370  Florida The Office of Tourism, Trade, and Economic Development,
 4371  in consultation with the Department of Community Affairs, may
 4372  develop rules to ensure that allocation of the remaining 25
 4373  percent is consistent with the state’s economic development
 4374  policy.
 4375         Section 61. Section 159.8083, Florida Statutes, is amended
 4376  to read:
 4377         159.8083 Florida First Business allocation pool.—The
 4378  Florida First Business allocation pool is hereby established.
 4379  The Florida First Business allocation pool shall be available
 4380  solely to provide written confirmation for private activity
 4381  bonds to finance Florida First Business projects certified by
 4382  Jobs Florida the Office of Tourism, Trade, and Economic
 4383  Development as eligible to receive a written confirmation.
 4384  Allocations from such pool shall be awarded statewide pursuant
 4385  to procedures specified in s. 159.805, except that the
 4386  provisions of s. 159.805(2), (3), and (6) do not apply. Florida
 4387  First Business projects that are eligible for a carryforward do
 4388  shall not lose their allocation pursuant to s. 159.809(3) on
 4389  October 1, or pursuant to s. 159.809(4) on November 16, if they
 4390  have applied for and have been granted a carryforward by the
 4391  division pursuant to s. 159.81(1). In issuing written
 4392  confirmations of allocations for Florida First Business
 4393  projects, the division shall use the Florida First Business
 4394  allocation pool. If allocation is not available from the Florida
 4395  First Business allocation pool, the division shall issue written
 4396  confirmations of allocations for Florida First Business projects
 4397  pursuant to s. 159.806 or s. 159.807, in such order. For the
 4398  purpose of determining priority within a regional allocation
 4399  pool or the state allocation pool, notices of intent to issue
 4400  bonds for Florida First Business projects to be issued from a
 4401  regional allocation pool or the state allocation pool shall be
 4402  considered to have been received by the division at the time it
 4403  is determined by the division that the Florida First Business
 4404  allocation pool is unavailable to issue confirmation for such
 4405  Florida First Business project. If the total amount requested in
 4406  notices of intent to issue private activity bonds for Florida
 4407  First Business projects exceeds the total amount of the Florida
 4408  First Business allocation pool, the director shall forward all
 4409  timely notices of intent to issue, which are received by the
 4410  division for such projects, to Jobs Florida the Office of
 4411  Tourism, Trade, and Economic Development which shall render a
 4412  decision as to which notices of intent to issue are to receive
 4413  written confirmations. Jobs Florida The Office of Tourism,
 4414  Trade, and Economic Development, in consultation with the
 4415  division, shall develop rules to ensure that the allocation
 4416  provided in such pool is available solely to provide written
 4417  confirmations for private activity bonds to finance Florida
 4418  First Business projects and that such projects are feasible and
 4419  financially solvent.
 4420         Section 62. Subsection (10) of section 161.54, Florida
 4421  Statutes, is amended to read:
 4422         161.54 Definitions.—In construing ss. 161.52-161.58:
 4423         (10) “State land planning agency” means Jobs Florida the
 4424  Department of Community Affairs.
 4425         Section 63. Section 163.03, Florida Statutes, is amended to
 4426  read:
 4427         163.03 Commissioner of Jobs Florida Secretary of Community
 4428  Affairs; powers and duties; function of Jobs Florida Department
 4429  of Community Affairs with respect to federal grant-in-aid
 4430  programs.—
 4431         (1) The commissioner of Jobs Florida, or his or her
 4432  designee, Secretary of Community Affairs shall:
 4433         (a) Supervise and administer the activities of Jobs Florida
 4434  the department and shall advise the Governor, the Cabinet, and
 4435  the Legislature with respect to matters affecting community
 4436  affairs and local government and participate in the formulation
 4437  of policies which best use utilize the resources of state
 4438  government for the benefit of local government.
 4439         (b) Render services to local governments by assisting, upon
 4440  request, in applying for and securing federal and state funds
 4441  and by assisting the Executive Office of the Governor in
 4442  coordinating the activities of the state with federal programs
 4443  for assistance in and solution of urban problems.
 4444         (c) Under the direction of the Governor, administer
 4445  programs to apply rapidly all available aid to communities
 4446  stricken by an emergency as defined in s. 252.34(3) and, for
 4447  this purpose, provide liaison with federal agencies and other
 4448  public and private agencies.
 4449         (c)(d) When requested, administer programs which will
 4450  assist the efforts of local governments in developing mutual and
 4451  cooperative solutions to their common problems.
 4452         (d)(e) Conduct programs to encourage and promote the
 4453  involvement of private enterprise in the solution of urban
 4454  problems.
 4455         (e)(f) Conduct continuing programs of analysis and
 4456  evaluation of local governments and recommend to the Governor
 4457  programs and changes in the powers and organization of local
 4458  government as may seem necessary to strengthen local
 4459  governments.
 4460         (f)(g) Assist the Governor and the Cabinet in coordinating
 4461  and making more effective the activities and services of those
 4462  departments and agencies of the state which may be of service to
 4463  units of local government.
 4464         (g)(h) Provide consultative services and technical
 4465  assistance to local officials in the fields of housing,
 4466  redevelopment and renewal, local public improvement programs,
 4467  planning and zoning, and other local programs and collect and
 4468  disseminate information pertaining thereto, including
 4469  information concerning federal, state, and private assistance
 4470  programs and services.
 4471         (h)(i) Conduct research and studies, and prepare model
 4472  ordinances and codes relating to the areas referred to herein.
 4473         (i)(j) Cooperate with other state agencies in the
 4474  preparation of statewide plans relating to housing,
 4475  redevelopment and renewal, human resources development, local
 4476  planning and zoning, transportation and traffic, and other
 4477  matters relating to the purposes of this section.
 4478         (j)(k) Accept funds from all sources to be used utilized in
 4479  programs designed to combat juvenile crime, including the making
 4480  of contributions to the National Youth Emergency Corps.
 4481         (k)(l) Be authorized to accept and disburse funds from all
 4482  sources in order to carry out the following programs:
 4483         1. Advisory and informational services to local
 4484  governments.
 4485         2. Community development training under Title VIII of the
 4486  Housing Act of 1964.
 4487         3. Local planning assistance under s. 701 of the Housing
 4488  Act of 1954.
 4489         4. Statewide planning assistance under s. 701 of the
 4490  Housing Act of 1954.
 4491         5. Model cities technical assistance under s. 701 of the
 4492  Housing Act of 1954.
 4493         (l)(m) Perform such other functions, duties, or
 4494  responsibilities as may be hereafter assigned to him or her by
 4495  law.
 4496         (2) It is the intent of this section, with respect to
 4497  federal grant-in-aid programs, that Jobs Florida the department
 4498  serve as the agency for disseminating information to local
 4499  governments regarding the availability of federal grant-in-aid
 4500  assistance to local governments in their efforts to secure
 4501  federal grant-in-aid assistance, but only upon the request of
 4502  such local governments, and for assisting local governments in
 4503  maintaining liaison and communications with federal agencies
 4504  concerning federal grant-in-aid programs. Nothing contained
 4505  herein shall be construed to require consent, approval, or
 4506  authorization from Jobs Florida the department as a condition to
 4507  any application for or acceptance of grants-in-aid from the
 4508  United States Government.
 4509         (3) Jobs Florida The department is authorized to adopt
 4510  rules implementing the following grant programs, which rules
 4511  shall be consistent with the laws, regulations, or guidelines
 4512  governing the grant to Jobs Florida the department:
 4513         (a) Criminal justice grant programs administered by the
 4514  Bureau of Criminal Justice Assistance.
 4515         (b) Grants under the federal Outer Continental Shelf
 4516  Program administered by the Bureau of Land and Water Management.
 4517         (c) Federal housing assistance programs.
 4518         (d) Community Services Block Grant programs.
 4519         (e) Federal weatherization grant programs.
 4520         (f) The Jobs Impact Program of the federal Community
 4521  Development Block Grant.
 4522         Section 64. Paragraph (d) of subsection (2) and subsection
 4523  (3) of section 163.3178, Florida Statutes, are amended to read:
 4524         163.3178 Coastal management.—
 4525         (2) Each coastal management element required by s.
 4526  163.3177(6)(g) shall be based on studies, surveys, and data; be
 4527  consistent with coastal resource plans prepared and adopted
 4528  pursuant to general or special law; and contain:
 4529         (d) A component which outlines principles for hazard
 4530  mitigation and protection of human life against the effects of
 4531  natural disaster, including population evacuation, which take
 4532  into consideration the capability to safely evacuate the density
 4533  of coastal population proposed in the future land use plan
 4534  element in the event of an impending natural disaster. The
 4535  Office Division of Emergency Management shall manage the update
 4536  of the regional hurricane evacuation studies, ensure such
 4537  studies are done in a consistent manner, and ensure that the
 4538  methodology used for modeling storm surge is that used by the
 4539  National Hurricane Center.
 4540         (3) Expansions to port harbors, spoil disposal sites,
 4541  navigation channels, turning basins, harbor berths, and other
 4542  related inwater harbor facilities of ports listed in s.
 4543  403.021(9); port transportation facilities and projects listed
 4544  in s. 311.07(3)(b); intermodal transportation facilities
 4545  identified pursuant to s. 311.09(3); and facilities determined
 4546  by Jobs Florida the Department of Community Affairs and
 4547  applicable general-purpose local government to be port-related
 4548  industrial or commercial projects located within 3 miles of or
 4549  in a port master plan area which rely upon the use of port and
 4550  intermodal transportation facilities shall not be designated as
 4551  developments of regional impact if such expansions, projects, or
 4552  facilities are consistent with comprehensive master plans that
 4553  are in compliance with this section.
 4554         Section 65. Subsection (14) of section 163.3221, Florida
 4555  Statutes, is amended to read:
 4556         163.3221 Florida Local Government Development Agreement
 4557  Act; definitions.—As used in ss. 163.3220-163.3243:
 4558         (14) “State land planning agency” means Jobs Florida the
 4559  Department of Community Affairs.
 4560         Section 66. Subsection (10) of section 163.360, Florida
 4561  Statutes, is amended to read:
 4562         163.360 Community redevelopment plans.—
 4563         (10) Notwithstanding any other provisions of this part, if
 4564  when the governing body certifies that an area is in need of
 4565  redevelopment or rehabilitation as a result of an emergency as
 4566  defined in under s. 252.34(3), with respect to which the
 4567  Governor has certified the need for emergency assistance under
 4568  federal law, that area may be certified as a “blighted area,”
 4569  and the governing body may approve a community redevelopment
 4570  plan and community redevelopment with respect to such area
 4571  without regard to the provisions of this section requiring a
 4572  general plan for the county or municipality and a public hearing
 4573  on the community redevelopment.
 4574         Section 67. Subsection (1) of section 166.0446, Florida
 4575  Statutes, is amended to read:
 4576         166.0446 Prohibition of fees for first responder services.—
 4577         (1) A municipality may not impose a fee or seek
 4578  reimbursement for any costs or expenses that may be incurred for
 4579  services provided by a first responder, including costs or
 4580  expenses related to personnel, supplies, motor vehicles, or
 4581  equipment in response to a motor vehicle accident, except for
 4582  costs to contain or clean up hazardous materials in quantities
 4583  reportable to the Florida State Warning Point at the Office
 4584  Division of Emergency Management, and costs for transportation
 4585  and treatment provided by ambulance services licensed pursuant
 4586  to s. 401.23(4) and (5).
 4587         Section 68. Subsection (1) of section 175.021, Florida
 4588  Statutes, is amended to read:
 4589         175.021 Legislative declaration.—
 4590         (1) It is hereby declared by the Legislature that
 4591  firefighters, as hereinafter defined, perform state and
 4592  municipal functions; that it is their duty to extinguish fires,
 4593  to protect life, and to protect property at their own risk and
 4594  peril; that it is their duty to prevent conflagration and to
 4595  continuously instruct school personnel, public officials, and
 4596  private citizens in the prevention of fires and firesafety; that
 4597  they protect both life and property from local emergencies as
 4598  defined in s. 252.34(3); and that their activities are vital to
 4599  the public safety. It is further declared that firefighters
 4600  employed by special fire control districts serve under the same
 4601  circumstances and perform the same duties as firefighters
 4602  employed by municipalities and should therefore be entitled to
 4603  the benefits available under this chapter. Therefore, the
 4604  Legislature declares that it is a proper and legitimate state
 4605  purpose to provide a uniform retirement system for the benefit
 4606  of firefighters as hereinafter defined and intends, in
 4607  implementing the provisions of s. 14, Art. X of the State
 4608  Constitution as they relate to municipal and special district
 4609  firefighters’ pension trust fund systems and plans, that such
 4610  retirement systems or plans be managed, administered, operated,
 4611  and funded in such manner as to maximize the protection of the
 4612  firefighters’ pension trust funds. Pursuant to s. 18, Art. VII
 4613  of the State Constitution, the Legislature hereby determines and
 4614  declares that the provisions of this act fulfill an important
 4615  state interest.
 4616         Section 69. Paragraph (c) of subsection (4) of section
 4617  186.504, Florida Statutes, is amended to read:
 4618         186.504 Regional planning councils; creation; membership.—
 4619         (4) In addition to voting members appointed pursuant to
 4620  paragraph (2)(c), the Governor shall appoint the following ex
 4621  officio nonvoting members to each regional planning council:
 4622         (c) A representative nominated by Jobs Florida Enterprise
 4623  Florida, Inc., and the Office of Tourism, Trade, and Economic
 4624  Development.
 4625  
 4626  The Governor may also appoint ex officio nonvoting members
 4627  representing appropriate metropolitan planning organizations and
 4628  regional water supply authorities.
 4629         Section 70. Subsection (11) of section 186.505, Florida
 4630  Statutes, is amended to read:
 4631         186.505 Regional planning councils; powers and duties.—Any
 4632  regional planning council created hereunder shall have the
 4633  following powers:
 4634         (11) To cooperate, in the exercise of its planning
 4635  functions, with federal and state agencies in planning for
 4636  emergency management as defined in under s. 252.34(4).
 4637         Section 71. Paragraph (a) of subsection (1) of section
 4638  202.37, Florida Statutes, is amended to read:
 4639         202.37 Special rules for administration of local
 4640  communications services tax.—
 4641         (1)(a) Except as otherwise provided in this section, all
 4642  statutory provisions and administrative rules applicable to the
 4643  communications services tax imposed by s. 202.12 apply to any
 4644  local communications services tax imposed under s. 202.19, and
 4645  the department shall administer, collect, and enforce all taxes
 4646  imposed under s. 202.19, including interest and penalties
 4647  attributable thereto, in accordance with the same procedures
 4648  used in the administration, collection, and enforcement of the
 4649  communications services tax imposed by s. 202.12. Audits
 4650  performed by the department shall include a determination of the
 4651  dealer’s compliance with the jurisdictional situsing of its
 4652  customers’ service addresses and a determination of whether the
 4653  rate collected for the local tax pursuant to ss. 202.19 and
 4654  202.20 is correct. The person or entity designated by a local
 4655  government pursuant to s. 213.053(8) s. 213.053(8)(v) may
 4656  provide evidence to the department demonstrating a specific
 4657  person’s failure to fully or correctly report taxable
 4658  communications services sales within the jurisdiction. The
 4659  department may request additional information from the designee
 4660  to assist in any review. The department shall inform the
 4661  designee of what action, if any, the department intends to take
 4662  regarding the person.
 4663         Section 72. Paragraphs (j) and (p) of subsection (5) of
 4664  section 212.08, Florida Statutes, are amended to read:
 4665         212.08 Sales, rental, use, consumption, distribution, and
 4666  storage tax; specified exemptions.—The sale at retail, the
 4667  rental, the use, the consumption, the distribution, and the
 4668  storage to be used or consumed in this state of the following
 4669  are hereby specifically exempt from the tax imposed by this
 4670  chapter.
 4671         (5) EXEMPTIONS; ACCOUNT OF USE.—
 4672         (j) Machinery and equipment used in semiconductor, defense,
 4673  or space technology production.—
 4674         1.a. Industrial machinery and equipment used in
 4675  semiconductor technology facilities certified under subparagraph
 4676  5. to manufacture, process, compound, or produce semiconductor
 4677  technology products for sale or for use by these facilities are
 4678  exempt from the tax imposed by this chapter. For purposes of
 4679  this paragraph, industrial machinery and equipment includes
 4680  molds, dies, machine tooling, other appurtenances or accessories
 4681  to machinery and equipment, testing equipment, test beds,
 4682  computers, and software, whether purchased or self-fabricated,
 4683  and, if self-fabricated, includes materials and labor for
 4684  design, fabrication, and assembly.
 4685         b. Industrial machinery and equipment used in defense or
 4686  space technology facilities certified under subparagraph 5. to
 4687  design, manufacture, assemble, process, compound, or produce
 4688  defense technology products or space technology products for
 4689  sale or for use by these facilities are exempt from the tax
 4690  imposed by this chapter.
 4691         2. Building materials purchased for use in manufacturing or
 4692  expanding clean rooms in semiconductor-manufacturing facilities
 4693  are exempt from the tax imposed by this chapter.
 4694         3. In addition to meeting the criteria mandated by
 4695  subparagraph 1. or subparagraph 2., a business must be certified
 4696  by Jobs Florida the Office of Tourism, Trade, and Economic
 4697  Development in order to qualify for exemption under this
 4698  paragraph.
 4699         4. For items purchased tax-exempt pursuant to this
 4700  paragraph, possession of a written certification from the
 4701  purchaser, certifying the purchaser’s entitlement to the
 4702  exemption, relieves the seller of the responsibility of
 4703  collecting the tax on the sale of such items, and the department
 4704  shall look solely to the purchaser for recovery of the tax if it
 4705  determines that the purchaser was not entitled to the exemption.
 4706         5.a. To be eligible to receive the exemption provided by
 4707  subparagraph 1. or subparagraph 2., a qualifying business entity
 4708  shall initially apply to the Jobs Florida Partnership Enterprise
 4709  Florida, Inc. The original certification is valid for a period
 4710  of 2 years. In lieu of submitting a new application, the
 4711  original certification may be renewed biennially by submitting
 4712  to Jobs Florida the Office of Tourism, Trade, and Economic
 4713  Development a statement, certified under oath, that there has
 4714  been no material change in the conditions or circumstances
 4715  entitling the business entity to the original certification. The
 4716  initial application and the certification renewal statement
 4717  shall be developed by Jobs Florida the Office of Tourism, Trade,
 4718  and Economic Development in consultation with Enterprise
 4719  Florida, Inc.
 4720         b. The Jobs Florida Partnership Enterprise Florida, Inc.,
 4721  shall review each submitted initial application and determine
 4722  whether or not the application is complete within 5 working
 4723  days. Once complete, the Jobs Florida Partnership Enterprise
 4724  Florida, Inc., shall, within 10 working days, evaluate the
 4725  application and recommend approval or disapproval to Jobs
 4726  Florida the Office of Tourism, Trade, and Economic Development.
 4727         c. Upon receipt of the initial application and
 4728  recommendation from the Jobs Florida Partnership Enterprise
 4729  Florida, Inc., or upon receipt of a certification renewal
 4730  statement, Jobs Florida the Office of Tourism, Trade, and
 4731  Economic Development shall certify within 5 working days those
 4732  applicants who are found to meet the requirements of this
 4733  section and notify the applicant, the Jobs Florida Partnership
 4734  Enterprise Florida, Inc., and the department of the original
 4735  certification or certification renewal. If Jobs Florida the
 4736  Office of Tourism, Trade, and Economic Development finds that
 4737  the applicant does not meet the requirements, it shall notify
 4738  the applicant and the Jobs Florida Partnership Enterprise
 4739  Florida, Inc., within 10 working days that the application for
 4740  certification has been denied and the reasons for denial. Jobs
 4741  Florida The Office of Tourism, Trade, and Economic Development
 4742  has final approval authority for certification under this
 4743  section.
 4744         d. The initial application and certification renewal
 4745  statement must indicate, for program evaluation purposes only,
 4746  the average number of full-time equivalent employees at the
 4747  facility over the preceding calendar year, the average wage and
 4748  benefits paid to those employees over the preceding calendar
 4749  year, the total investment made in real and tangible personal
 4750  property over the preceding calendar year, and the total value
 4751  of tax-exempt purchases and taxes exempted during the previous
 4752  year. The department shall assist Jobs Florida the Office of
 4753  Tourism, Trade, and Economic Development in evaluating and
 4754  verifying information provided in the application for exemption.
 4755         e. Jobs Florida The Office of Tourism, Trade, and Economic
 4756  Development may use the information reported on the initial
 4757  application and certification renewal statement for evaluation
 4758  purposes only.
 4759         6. A business certified to receive this exemption may elect
 4760  to designate one or more state universities or community
 4761  colleges as recipients of up to 100 percent of the amount of the
 4762  exemption. To receive these funds, the institution must agree to
 4763  match the funds with equivalent cash, programs, services, or
 4764  other in-kind support on a one-to-one basis for research and
 4765  development projects requested by the certified business. The
 4766  rights to any patents, royalties, or real or intellectual
 4767  property must be vested in the business unless otherwise agreed
 4768  to by the business and the university or community college.
 4769         7. As used in this paragraph, the term:
 4770         a. “Semiconductor technology products” means raw
 4771  semiconductor wafers or semiconductor thin films that are
 4772  transformed into semiconductor memory or logic wafers, including
 4773  wafers containing mixed memory and logic circuits; related
 4774  assembly and test operations; active-matrix flat panel displays;
 4775  semiconductor chips; semiconductor lasers; optoelectronic
 4776  elements; and related semiconductor technology products as
 4777  determined by Jobs Florida the Office of Tourism, Trade, and
 4778  Economic Development.
 4779         b. “Clean rooms” means manufacturing facilities enclosed in
 4780  a manner that meets the clean manufacturing requirements
 4781  necessary for high-technology semiconductor-manufacturing
 4782  environments.
 4783         c. “Defense technology products” means products that have a
 4784  military application, including, but not limited to, weapons,
 4785  weapons systems, guidance systems, surveillance systems,
 4786  communications or information systems, munitions, aircraft,
 4787  vessels, or boats, or components thereof, which are intended for
 4788  military use and manufactured in performance of a contract with
 4789  the United States Department of Defense or the military branch
 4790  of a recognized foreign government or a subcontract thereunder
 4791  which relates to matters of national defense.
 4792         d. “Space technology products” means products that are
 4793  specifically designed or manufactured for application in space
 4794  activities, including, but not limited to, space launch
 4795  vehicles, space flight vehicles, missiles, satellites or
 4796  research payloads, avionics, and associated control systems and
 4797  processing systems and components of any of the foregoing. The
 4798  term does not include products that are designed or manufactured
 4799  for general commercial aviation or other uses even though those
 4800  products may also serve an incidental use in space applications.
 4801         (p) Community contribution tax credit for donations.—
 4802         1. Authorization.—Persons who are registered with the
 4803  department under s. 212.18 to collect or remit sales or use tax
 4804  and who make donations to eligible sponsors are eligible for tax
 4805  credits against their state sales and use tax liabilities as
 4806  provided in this paragraph:
 4807         a. The credit shall be computed as 50 percent of the
 4808  person’s approved annual community contribution.
 4809         b. The credit shall be granted as a refund against state
 4810  sales and use taxes reported on returns and remitted in the 12
 4811  months preceding the date of application to the department for
 4812  the credit as required in sub-subparagraph 3.c. If the annual
 4813  credit is not fully used through such refund because of
 4814  insufficient tax payments during the applicable 12-month period,
 4815  the unused amount may be included in an application for a refund
 4816  made pursuant to sub-subparagraph 3.c. in subsequent years
 4817  against the total tax payments made for such year. Carryover
 4818  credits may be applied for a 3-year period without regard to any
 4819  time limitation that would otherwise apply under s. 215.26.
 4820         c. A person may not receive more than $200,000 in annual
 4821  tax credits for all approved community contributions made in any
 4822  one year.
 4823         d. All proposals for the granting of the tax credit require
 4824  the prior approval of Jobs Florida the Office of Tourism, Trade,
 4825  and Economic Development.
 4826         e. The total amount of tax credits which may be granted for
 4827  all programs approved under this paragraph, s. 220.183, and s.
 4828  624.5105 is $10.5 million annually for projects that provide
 4829  homeownership opportunities for low-income or very-low-income
 4830  households as defined in s. 420.9071(19) and (28) and $3.5
 4831  million annually for all other projects.
 4832         f. A person who is eligible to receive the credit provided
 4833  for in this paragraph, s. 220.183, or s. 624.5105 may receive
 4834  the credit only under the one section of the person’s choice.
 4835         2. Eligibility requirements.—
 4836         a. A community contribution by a person must be in the
 4837  following form:
 4838         (I) Cash or other liquid assets;
 4839         (II) Real property;
 4840         (III) Goods or inventory; or
 4841         (IV) Other physical resources as identified by Jobs Florida
 4842  the Office of Tourism, Trade, and Economic Development.
 4843         b. All community contributions must be reserved exclusively
 4844  for use in a project. As used in this sub-subparagraph, the term
 4845  “project” means any activity undertaken by an eligible sponsor
 4846  which is designed to construct, improve, or substantially
 4847  rehabilitate housing that is affordable to low-income or very
 4848  low-income households as defined in s. 420.9071(19) and (28);
 4849  designed to provide commercial, industrial, or public resources
 4850  and facilities; or designed to improve entrepreneurial and job
 4851  development opportunities for low-income persons. A project may
 4852  be the investment necessary to increase access to high-speed
 4853  broadband capability in rural communities with enterprise zones,
 4854  including projects that result in improvements to communications
 4855  assets that are owned by a business. A project may include the
 4856  provision of museum educational programs and materials that are
 4857  directly related to any project approved between January 1,
 4858  1996, and December 31, 1999, and located in an enterprise zone
 4859  designated pursuant to s. 290.0065. This paragraph does not
 4860  preclude projects that propose to construct or rehabilitate
 4861  housing for low-income or very-low-income households on
 4862  scattered sites. With respect to housing, contributions may be
 4863  used to pay the following eligible low-income and very-low
 4864  income housing-related activities:
 4865         (I) Project development impact and management fees for low
 4866  income or very-low-income housing projects;
 4867         (II) Down payment and closing costs for eligible persons,
 4868  as defined in s. 420.9071(19) and (28);
 4869         (III) Administrative costs, including housing counseling
 4870  and marketing fees, not to exceed 10 percent of the community
 4871  contribution, directly related to low-income or very-low-income
 4872  projects; and
 4873         (IV) Removal of liens recorded against residential property
 4874  by municipal, county, or special district local governments when
 4875  satisfaction of the lien is a necessary precedent to the
 4876  transfer of the property to an eligible person, as defined in s.
 4877  420.9071(19) and (28), for the purpose of promoting home
 4878  ownership. Contributions for lien removal must be received from
 4879  a nonrelated third party.
 4880         c. The project must be undertaken by an “eligible sponsor,”
 4881  which includes:
 4882         (I) A community action program;
 4883         (II) A nonprofit community-based development organization
 4884  whose mission is the provision of housing for low-income or
 4885  very-low-income households or increasing entrepreneurial and
 4886  job-development opportunities for low-income persons;
 4887         (III) A neighborhood housing services corporation;
 4888         (IV) A local housing authority created under chapter 421;
 4889         (V) A community redevelopment agency created under s.
 4890  163.356;
 4891         (VI) The Florida Industrial Development Corporation;
 4892         (VII) A historic preservation district agency or
 4893  organization;
 4894         (VIII) A regional workforce board;
 4895         (IX) A direct-support organization as provided in s.
 4896  1009.983;
 4897         (X) An enterprise zone development agency created under s.
 4898  290.0056;
 4899         (XI) A community-based organization incorporated under
 4900  chapter 617 which is recognized as educational, charitable, or
 4901  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
 4902  and whose bylaws and articles of incorporation include
 4903  affordable housing, economic development, or community
 4904  development as the primary mission of the corporation;
 4905         (XII) Units of local government;
 4906         (XIII) Units of state government; or
 4907         (XIV) Any other agency that Jobs Florida the Office of
 4908  Tourism, Trade, and Economic Development designates by rule.
 4909  
 4910  In no event may a contributing person have a financial interest
 4911  in the eligible sponsor.
 4912         d. The project must be located in an area designated an
 4913  enterprise zone or a Front Porch Florida Community pursuant to
 4914  s. 20.18(6), unless the project increases access to high-speed
 4915  broadband capability for rural communities with enterprise zones
 4916  but is physically located outside the designated rural zone
 4917  boundaries. Any project designed to construct or rehabilitate
 4918  housing for low-income or very-low-income households as defined
 4919  in s. 420.9071(19) and (28) is exempt from the area requirement
 4920  of this sub-subparagraph.
 4921         e.(I) If, during the first 10 business days of the state
 4922  fiscal year, eligible tax credit applications for projects that
 4923  provide homeownership opportunities for low-income or very-low
 4924  income households as defined in s. 420.9071(19) and (28) are
 4925  received for less than the annual tax credits available for
 4926  those projects, Jobs Florida the Office of Tourism, Trade, and
 4927  Economic Development shall grant tax credits for those
 4928  applications and shall grant remaining tax credits on a first
 4929  come, first-served basis for any subsequent eligible
 4930  applications received before the end of the state fiscal year.
 4931  If, during the first 10 business days of the state fiscal year,
 4932  eligible tax credit applications for projects that provide
 4933  homeownership opportunities for low-income or very-low-income
 4934  households as defined in s. 420.9071(19) and (28) are received
 4935  for more than the annual tax credits available for those
 4936  projects, Jobs Florida the office shall grant the tax credits
 4937  for those applications as follows:
 4938         (A) If tax credit applications submitted for approved
 4939  projects of an eligible sponsor do not exceed $200,000 in total,
 4940  the credits shall be granted in full if the tax credit
 4941  applications are approved.
 4942         (B) If tax credit applications submitted for approved
 4943  projects of an eligible sponsor exceed $200,000 in total, the
 4944  amount of tax credits granted pursuant to sub-sub-sub
 4945  subparagraph (A) shall be subtracted from the amount of
 4946  available tax credits, and the remaining credits shall be
 4947  granted to each approved tax credit application on a pro rata
 4948  basis.
 4949         (II) If, during the first 10 business days of the state
 4950  fiscal year, eligible tax credit applications for projects other
 4951  than those that provide homeownership opportunities for low
 4952  income or very-low-income households as defined in s.
 4953  420.9071(19) and (28) are received for less than the annual tax
 4954  credits available for those projects, Jobs Florida the office
 4955  shall grant tax credits for those applications and shall grant
 4956  remaining tax credits on a first-come, first-served basis for
 4957  any subsequent eligible applications received before the end of
 4958  the state fiscal year. If, during the first 10 business days of
 4959  the state fiscal year, eligible tax credit applications for
 4960  projects other than those that provide homeownership
 4961  opportunities for low-income or very-low-income households as
 4962  defined in s. 420.9071(19) and (28) are received for more than
 4963  the annual tax credits available for those projects, the office
 4964  shall grant the tax credits for those applications on a pro rata
 4965  basis.
 4966         3. Application requirements.—
 4967         a. Any eligible sponsor seeking to participate in this
 4968  program must submit a proposal to Jobs Florida the Office of
 4969  Tourism, Trade, and Economic Development which sets forth the
 4970  name of the sponsor, a description of the project, and the area
 4971  in which the project is located, together with such supporting
 4972  information as is prescribed by rule. The proposal must also
 4973  contain a resolution from the local governmental unit in which
 4974  the project is located certifying that the project is consistent
 4975  with local plans and regulations.
 4976         b. Any person seeking to participate in this program must
 4977  submit an application for tax credit to Jobs Florida the office
 4978  which sets forth the name of the sponsor, a description of the
 4979  project, and the type, value, and purpose of the contribution.
 4980  The sponsor shall verify the terms of the application and
 4981  indicate its receipt of the contribution, which verification
 4982  must be in writing and accompany the application for tax credit.
 4983  The person must submit a separate tax credit application to Jobs
 4984  Florida the office for each individual contribution that it
 4985  makes to each individual project.
 4986         c. Any person who has received notification from Jobs
 4987  Florida the office that a tax credit has been approved must
 4988  apply to the department to receive the refund. Application must
 4989  be made on the form prescribed for claiming refunds of sales and
 4990  use taxes and be accompanied by a copy of the notification. A
 4991  person may submit only one application for refund to the
 4992  department within any 12-month period.
 4993         4. Administration.—
 4994         a. Jobs Florida The Office of Tourism, Trade, and Economic
 4995  Development may adopt rules pursuant to ss. 120.536(1) and
 4996  120.54 necessary to administer this paragraph, including rules
 4997  for the approval or disapproval of proposals by a person.
 4998         b. The decision of Jobs Florida the office must be in
 4999  writing, and, if approved, the notification shall state the
 5000  maximum credit allowable to the person. Upon approval, Jobs
 5001  Florida the office shall transmit a copy of the decision to the
 5002  Department of Revenue.
 5003         c. Jobs Florida The office shall periodically monitor all
 5004  projects in a manner consistent with available resources to
 5005  ensure that resources are used in accordance with this
 5006  paragraph; however, each project must be reviewed at least once
 5007  every 2 years.
 5008         d. Jobs Florida The office shall, in consultation with the
 5009  Department of Community Affairs and the statewide and regional
 5010  housing and financial intermediaries, market the availability of
 5011  the community contribution tax credit program to community-based
 5012  organizations.
 5013         5. Expiration.—This paragraph expires June 30, 2015;
 5014  however, any accrued credit carryover that is unused on that
 5015  date may be used until the expiration of the 3-year carryover
 5016  period for such credit.
 5017         Section 73. Paragraph (d) of subsection (1) of section
 5018  212.096, Florida Statutes, is amended to read:
 5019         212.096 Sales, rental, storage, use tax; enterprise zone
 5020  jobs credit against sales tax.—
 5021         (1) For the purposes of the credit provided in this
 5022  section:
 5023         (d) “Job” means a full-time position, as consistent with
 5024  terms used by Jobs Florida the Agency for Workforce Innovation
 5025  and the United States Department of Labor for purposes of
 5026  unemployment compensation tax administration and employment
 5027  estimation resulting directly from a business operation in this
 5028  state. This term may not include a temporary construction job
 5029  involved with the construction of facilities or any job that has
 5030  previously been included in any application for tax credits
 5031  under s. 220.181(1). The term also includes employment of an
 5032  employee leased from an employee leasing company licensed under
 5033  chapter 468 if such employee has been continuously leased to the
 5034  employer for an average of at least 36 hours per week for more
 5035  than 6 months.
 5036  
 5037  A person shall be deemed to be employed if the person performs
 5038  duties in connection with the operations of the business on a
 5039  regular, full-time basis, provided the person is performing such
 5040  duties for an average of at least 36 hours per week each month.
 5041  The person must be performing such duties at a business site
 5042  located in the enterprise zone.
 5043         Section 74. Paragraphs (a) and (e) of subsection (1) and
 5044  subsections (6), (7), and (10) of section 212.097, Florida
 5045  Statutes, are amended to read:
 5046         212.097 Urban High-Crime Area Job Tax Credit Program.—
 5047         (1) As used in this section, the term:
 5048         (a) “Eligible business” means any sole proprietorship,
 5049  firm, partnership, or corporation that is located in a qualified
 5050  county and is predominantly engaged in, or is headquarters for a
 5051  business predominantly engaged in, activities usually provided
 5052  for consideration by firms classified within the following
 5053  standard industrial classifications: SIC 01-SIC 09 (agriculture,
 5054  forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 52
 5055  SIC 57 and SIC 59 (retail); SIC 422 (public warehousing and
 5056  storage); SIC 70 (hotels and other lodging places); SIC 7391
 5057  (research and development); SIC 781 (motion picture production
 5058  and allied services); SIC 7992 (public golf courses); and SIC
 5059  7996 (amusement parks). A call center or similar customer
 5060  service operation that services a multistate market or
 5061  international market is also an eligible business. In addition,
 5062  Jobs Florida the Office of Tourism, Trade, and Economic
 5063  Development may, as part of its final budget request submitted
 5064  pursuant to s. 216.023, recommend additions to or deletions from
 5065  the list of standard industrial classifications used to
 5066  determine an eligible business, and the Legislature may
 5067  implement such recommendations. Excluded from eligible receipts
 5068  are receipts from retail sales, except such receipts for SIC 52
 5069  SIC 57 and SIC 59 (retail) hotels and other lodging places
 5070  classified in SIC 70, public golf courses in SIC 7992, and
 5071  amusement parks in SIC 7996. For purposes of this paragraph, the
 5072  term “predominantly” means that more than 50 percent of the
 5073  business’s gross receipts from all sources is generated by those
 5074  activities usually provided for consideration by firms in the
 5075  specified standard industrial classification. The determination
 5076  of whether the business is located in a qualified high-crime
 5077  area and the tier ranking of that area must be based on the date
 5078  of application for the credit under this section. Commonly owned
 5079  and controlled entities are to be considered a single business
 5080  entity.
 5081         (e) “Qualified high-crime area” means an area selected by
 5082  Jobs Florida the Office of Tourism, Trade, and Economic
 5083  Development in the following manner: every third year, Jobs
 5084  Florida the Office shall rank and tier those areas nominated
 5085  under subsection (7), according to the following prioritized
 5086  criteria:
 5087         1. Highest arrest rates within the geographic area for
 5088  violent crime and for such other crimes as drug sale, drug
 5089  possession, prostitution, vandalism, and civil disturbances;
 5090         2. Highest reported crime volume and rate of specific
 5091  property crimes such as business and residential burglary, motor
 5092  vehicle theft, and vandalism;
 5093         3. Highest percentage of reported index crimes that are
 5094  violent in nature;
 5095         4. Highest overall index crime volume for the area; and
 5096         5. Highest overall index crime rate for the geographic
 5097  area.
 5098  
 5099  Tier-one areas are ranked 1 through 5 and represent the highest
 5100  crime areas according to this ranking. Tier-two areas are ranked
 5101  6 through 10 according to this ranking. Tier-three areas are
 5102  ranked 11 through 15. Notwithstanding this definition,
 5103  “qualified high-crime area” also means an area that has been
 5104  designated as a federal Empowerment Zone pursuant to the
 5105  Taxpayer Relief Act of 1997. Such a designated area is ranked in
 5106  tier three until the areas are reevaluated by Jobs Florida the
 5107  Office of Tourism, Trade, and Economic Development.
 5108         (6) Any county or municipality, or a county and one or more
 5109  municipalities together, may apply to Jobs Florida the Office of
 5110  Tourism, Trade, and Economic Development for the designation of
 5111  an area as a high-crime area after the adoption by the governing
 5112  body or bodies of a resolution that:
 5113         (a) Finds that a high-crime area exists in such county or
 5114  municipality, or in both the county and one or more
 5115  municipalities, which chronically exhibits extreme and
 5116  unacceptable levels of poverty, unemployment, physical
 5117  deterioration, and economic disinvestment;
 5118         (b) Determines that the rehabilitation, conservation, or
 5119  redevelopment, or a combination thereof, of such a high-crime
 5120  area is necessary in the interest of the health, safety, and
 5121  welfare of the residents of such county or municipality, or such
 5122  county and one or more municipalities; and
 5123         (c) Determines that the revitalization of such a high-crime
 5124  area can occur if the public sector or private sector can be
 5125  induced to invest its own resources in productive enterprises
 5126  that build or rebuild the economic viability of the area.
 5127         (7) The governing body of the entity nominating the area
 5128  shall provide to Jobs Florida the Office of Tourism, Trade, and
 5129  Economic Development the following:
 5130         (a) The overall index crime rate for the geographic area;
 5131         (b) The overall index crime volume for the area;
 5132         (c) The percentage of reported index crimes that are
 5133  violent in nature;
 5134         (d) The reported crime volume and rate of specific property
 5135  crimes such as business and residential burglary, motor vehicle
 5136  theft, and vandalism; and
 5137         (e) The arrest rates within the geographic area for violent
 5138  crime and for such other crimes as drug sale, drug possession,
 5139  prostitution, disorderly conduct, vandalism, and other public
 5140  order offenses.
 5141         (10)(a) In order to claim this credit, an eligible business
 5142  must file under oath with Jobs Florida the Office of Tourism,
 5143  Trade, and Economic Development a statement that includes the
 5144  name and address of the eligible business and any other
 5145  information that is required to process the application.
 5146         (b) Applications shall be reviewed and certified pursuant
 5147  to s. 288.061.
 5148         (c) The maximum credit amount that may be approved during
 5149  any calendar year is $5 million, of which $1 million shall be
 5150  exclusively reserved for tier-one areas. The Department of
 5151  Revenue, in conjunction with Jobs Florida the Office of Tourism,
 5152  Trade, and Economic Development, shall notify the governing
 5153  bodies in areas designated as urban high-crime areas when the $5
 5154  million maximum amount has been reached. Applications must be
 5155  considered for approval in the order in which they are received
 5156  without regard to whether the credit is for a new or existing
 5157  business. This limitation applies to the value of the credit as
 5158  contained in approved applications. Approved credits may be
 5159  taken in the time and manner allowed pursuant to this section.
 5160         Section 75. Paragraphs (a) and (c) of subsection (1) and
 5161  subsections (6) and (7), of section 212.098, Florida Statutes,
 5162  are amended to read:
 5163         212.098 Rural Job Tax Credit Program.—
 5164         (1) As used in this section, the term:
 5165         (a) “Eligible business” means any sole proprietorship,
 5166  firm, partnership, or corporation that is located in a qualified
 5167  county and is predominantly engaged in, or is headquarters for a
 5168  business predominantly engaged in, activities usually provided
 5169  for consideration by firms classified within the following
 5170  standard industrial classifications: SIC 01-SIC 09 (agriculture,
 5171  forestry, and fishing); SIC 20-SIC 39 (manufacturing); SIC 422
 5172  (public warehousing and storage); SIC 70 (hotels and other
 5173  lodging places); SIC 7391 (research and development); SIC 781
 5174  (motion picture production and allied services); SIC 7992
 5175  (public golf courses); SIC 7996 (amusement parks); and a
 5176  targeted industry eligible for the qualified target industry
 5177  business tax refund under s. 288.106. A call center or similar
 5178  customer service operation that services a multistate market or
 5179  an international market is also an eligible business. In
 5180  addition, Jobs Florida the Office of Tourism, Trade, and
 5181  Economic Development may, as part of its final budget request
 5182  submitted pursuant to s. 216.023, recommend additions to or
 5183  deletions from the list of standard industrial classifications
 5184  used to determine an eligible business, and the Legislature may
 5185  implement such recommendations. Excluded from eligible receipts
 5186  are receipts from retail sales, except such receipts for hotels
 5187  and other lodging places classified in SIC 70, public golf
 5188  courses in SIC 7992, and amusement parks in SIC 7996. For
 5189  purposes of this paragraph, the term “predominantly” means that
 5190  more than 50 percent of the business’s gross receipts from all
 5191  sources is generated by those activities usually provided for
 5192  consideration by firms in the specified standard industrial
 5193  classification. The determination of whether the business is
 5194  located in a qualified county and the tier ranking of that
 5195  county must be based on the date of application for the credit
 5196  under this section. Commonly owned and controlled entities are
 5197  to be considered a single business entity.
 5198         (c) “Qualified area” means any area that is contained
 5199  within a rural area of critical economic concern designated
 5200  under s. 288.0656, a county that has a population of fewer than
 5201  75,000 persons, or a county that has a population of 125,000 or
 5202  less and is contiguous to a county that has a population of less
 5203  than 75,000, selected in the following manner: every third year,
 5204  Jobs Florida the Office of Tourism, Trade, and Economic
 5205  Development shall rank and tier the state’s counties according
 5206  to the following four factors:
 5207         1. Highest unemployment rate for the most recent 36-month
 5208  period.
 5209         2. Lowest per capita income for the most recent 36-month
 5210  period.
 5211         3. Highest percentage of residents whose incomes are below
 5212  the poverty level, based upon the most recent data available.
 5213         4. Average weekly manufacturing wage, based upon the most
 5214  recent data available.
 5215         (6)(a) In order to claim this credit, an eligible business
 5216  must file under oath with Jobs Florida the Office of Tourism,
 5217  Trade, and Economic Development a statement that includes the
 5218  name and address of the eligible business, the starting salary
 5219  or hourly wages paid to the new employee, and any other
 5220  information that the Department of Revenue requires.
 5221         (b) Within 30 working days after receipt of an application
 5222  for credit, Jobs Florida the Office of Tourism, Trade, and
 5223  Economic Development shall review the application to determine
 5224  whether it contains all the information required by this
 5225  subsection and meets the criteria set out in this section.
 5226  Subject to the provisions of paragraph (c), Jobs Florida the
 5227  Office of Tourism, Trade, and Economic Development shall approve
 5228  all applications that contain the information required by this
 5229  subsection and meet the criteria set out in this section as
 5230  eligible to receive a credit.
 5231         (c) The maximum credit amount that may be approved during
 5232  any calendar year is $5 million. The Department of Revenue, in
 5233  conjunction with Jobs Florida the Office of Tourism, Trade, and
 5234  Economic Development, shall notify the governing bodies in areas
 5235  designated as qualified counties when the $5 million maximum
 5236  amount has been reached. Applications must be considered for
 5237  approval in the order in which they are received without regard
 5238  to whether the credit is for a new or existing business. This
 5239  limitation applies to the value of the credit as contained in
 5240  approved applications. Approved credits may be taken in the time
 5241  and manner allowed pursuant to this section.
 5242         (d) A business may not receive more than $500,000 of tax
 5243  credits under this section during any one calendar year.
 5244         (7) If the application is insufficient to support the
 5245  credit authorized in this section, Jobs Florida the Office of
 5246  Tourism, Trade, and Economic Development shall deny the credit
 5247  and notify the business of that fact. The business may reapply
 5248  for this credit within 3 months after such notification.
 5249         Section 76. Paragraph (d) of subsection (6) of section
 5250  212.20, Florida Statutes, is amended to read:
 5251         212.20 Funds collected, disposition; additional powers of
 5252  department; operational expense; refund of taxes adjudicated
 5253  unconstitutionally collected.—
 5254         (6) Distribution of all proceeds under this chapter and s.
 5255  202.18(1)(b) and (2)(b) shall be as follows:
 5256         (d) The proceeds of all other taxes and fees imposed
 5257  pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
 5258  and (2)(b) shall be distributed as follows:
 5259         1. In any fiscal year, the greater of $500 million, minus
 5260  an amount equal to 4.6 percent of the proceeds of the taxes
 5261  collected pursuant to chapter 201, or 5.2 percent of all other
 5262  taxes and fees imposed pursuant to this chapter or remitted
 5263  pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
 5264  monthly installments into the General Revenue Fund.
 5265         2. After the distribution under subparagraph 1., 8.814
 5266  percent of the amount remitted by a sales tax dealer located
 5267  within a participating county pursuant to s. 218.61 shall be
 5268  transferred into the Local Government Half-cent Sales Tax
 5269  Clearing Trust Fund. Beginning July 1, 2003, the amount to be
 5270  transferred shall be reduced by 0.1 percent, and the department
 5271  shall distribute this amount to the Public Employees Relations
 5272  Commission Trust Fund less $5,000 each month, which shall be
 5273  added to the amount calculated in subparagraph 3. and
 5274  distributed accordingly.
 5275         3. After the distribution under subparagraphs 1. and 2.,
 5276  0.095 percent shall be transferred to the Local Government Half
 5277  cent Sales Tax Clearing Trust Fund and distributed pursuant to
 5278  s. 218.65.
 5279         4. After the distributions under subparagraphs 1., 2., and
 5280  3., 2.0440 percent of the available proceeds shall be
 5281  transferred monthly to the Revenue Sharing Trust Fund for
 5282  Counties pursuant to s. 218.215.
 5283         5. After the distributions under subparagraphs 1., 2., and
 5284  3., 1.3409 percent of the available proceeds shall be
 5285  transferred monthly to the Revenue Sharing Trust Fund for
 5286  Municipalities pursuant to s. 218.215. If the total revenue to
 5287  be distributed pursuant to this subparagraph is at least as
 5288  great as the amount due from the Revenue Sharing Trust Fund for
 5289  Municipalities and the former Municipal Financial Assistance
 5290  Trust Fund in state fiscal year 1999-2000, no municipality shall
 5291  receive less than the amount due from the Revenue Sharing Trust
 5292  Fund for Municipalities and the former Municipal Financial
 5293  Assistance Trust Fund in state fiscal year 1999-2000. If the
 5294  total proceeds to be distributed are less than the amount
 5295  received in combination from the Revenue Sharing Trust Fund for
 5296  Municipalities and the former Municipal Financial Assistance
 5297  Trust Fund in state fiscal year 1999-2000, each municipality
 5298  shall receive an amount proportionate to the amount it was due
 5299  in state fiscal year 1999-2000.
 5300         6. Of the remaining proceeds:
 5301         a. In each fiscal year, the sum of $29,915,500 shall be
 5302  divided into as many equal parts as there are counties in the
 5303  state, and one part shall be distributed to each county. The
 5304  distribution among the several counties must begin each fiscal
 5305  year on or before January 5th and continue monthly for a total
 5306  of 4 months. If a local or special law required that any moneys
 5307  accruing to a county in fiscal year 1999-2000 under the then
 5308  existing provisions of s. 550.135 be paid directly to the
 5309  district school board, special district, or a municipal
 5310  government, such payment must continue until the local or
 5311  special law is amended or repealed. The state covenants with
 5312  holders of bonds or other instruments of indebtedness issued by
 5313  local governments, special districts, or district school boards
 5314  before July 1, 2000, that it is not the intent of this
 5315  subparagraph to adversely affect the rights of those holders or
 5316  relieve local governments, special districts, or district school
 5317  boards of the duty to meet their obligations as a result of
 5318  previous pledges or assignments or trusts entered into which
 5319  obligated funds received from the distribution to county
 5320  governments under then-existing s. 550.135. This distribution
 5321  specifically is in lieu of funds distributed under s. 550.135
 5322  before July 1, 2000.
 5323         b. The department shall distribute $166,667 monthly
 5324  pursuant to s. 288.1162 to each applicant certified as a
 5325  facility for a new or retained professional sports franchise
 5326  pursuant to s. 288.1162. Up to $41,667 shall be distributed
 5327  monthly by the department to each certified applicant as defined
 5328  in s. 288.11621 for a facility for a spring training franchise.
 5329  However, not more than $416,670 may be distributed monthly in
 5330  the aggregate to all certified applicants for facilities for
 5331  spring training franchises. Distributions begin 60 days after
 5332  such certification and continue for not more than 30 years,
 5333  except as otherwise provided in s. 288.11621. A certified
 5334  applicant identified in this sub-subparagraph may not receive
 5335  more in distributions than expended by the applicant for the
 5336  public purposes provided for in s. 288.1162(5) or s.
 5337  288.11621(3).
 5338         c. Beginning 30 days after notice by Jobs Florida the
 5339  Office of Tourism, Trade, and Economic Development to the
 5340  Department of Revenue that an applicant has been certified as
 5341  the professional golf hall of fame pursuant to s. 288.1168 and
 5342  is open to the public, $166,667 shall be distributed monthly,
 5343  for up to 300 months, to the applicant.
 5344         d. Beginning 30 days after notice by Jobs Florida the
 5345  Office of Tourism, Trade, and Economic Development to the
 5346  Department of Revenue that the applicant has been certified as
 5347  the International Game Fish Association World Center facility
 5348  pursuant to s. 288.1169, and the facility is open to the public,
 5349  $83,333 shall be distributed monthly, for up to 168 months, to
 5350  the applicant. This distribution is subject to reduction
 5351  pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
 5352  made, after certification and before July 1, 2000.
 5353         7. All other proceeds must remain in the General Revenue
 5354  Fund.
 5355         Section 77. Subsection (4), paragraph (a) of subsection
 5356  (7), paragraphs (k) through (cc) of subsection (8), and
 5357  subsections (19), (20), and (21) of section 213.053, Florida
 5358  Statutes, as amended by chapter 2010-280, Laws of Florida, are
 5359  amended, to read:
 5360         213.053 Confidentiality and information sharing.—
 5361         (4) The department, while providing unemployment tax
 5362  collection services under contract with Jobs Florida the Agency
 5363  for Workforce Innovation through an interagency agreement
 5364  pursuant to s. 443.1316, may release unemployment tax rate
 5365  information to the agent of an employer, which agent provides
 5366  payroll services for more than 100 500 employers, pursuant to
 5367  the terms of a memorandum of understanding. The memorandum of
 5368  understanding must state that the agent affirms, subject to the
 5369  criminal penalties contained in ss. 443.171 and 443.1715, that
 5370  the agent will retain the confidentiality of the information,
 5371  that the agent has in effect a power of attorney from the
 5372  employer which permits the agent to obtain unemployment tax rate
 5373  information, and that the agent shall provide the department
 5374  with a copy of the employer’s power of attorney upon request.
 5375         (7)(a) Any information received by the Department of
 5376  Revenue in connection with the administration of taxes,
 5377  including, but not limited to, information contained in returns,
 5378  reports, accounts, or declarations filed by persons subject to
 5379  tax, shall be made available to the following in performance of
 5380  their official duties:
 5381         1. The Auditor General or his or her authorized agent;
 5382         2. The director of the Office of Program Policy Analysis
 5383  and Government Accountability or his or her authorized agent;
 5384         3. The Chief Financial Officer or his or her authorized
 5385  agent;
 5386         4. The Director of the Office of Insurance Regulation of
 5387  the Financial Services Commission or his or her authorized
 5388  agent;
 5389         5. A property appraiser or tax collector or their
 5390  authorized agents pursuant to s. 195.084(1); or
 5391         6. Designated employees of the Department of Education
 5392  solely for determination of each school district’s price level
 5393  index pursuant to s. 1011.62(2); and
 5394         7. The commissioner of Jobs Florida or his or her
 5395  authorized agent.
 5396         (8) Notwithstanding any other provision of this section,
 5397  the department may provide:
 5398         (k)1. Payment information relative to chapters 199, 201,
 5399  202, 212, 220, 221, and 624 to the Office of Tourism, Trade, and
 5400  Economic Development, or its employees or agents that are
 5401  identified in writing by the office to the department, in the
 5402  administration of the tax refund program for qualified defense
 5403  contractors and space flight business contractors authorized by
 5404  s. 288.1045 and the tax refund program for qualified target
 5405  industry businesses authorized by s. 288.106.
 5406         2. Information relative to tax credits taken by a business
 5407  under s. 220.191 and exemptions or tax refunds received by a
 5408  business under s. 212.08(5)(j) to the Office of Tourism, Trade,
 5409  and Economic Development, or its employees or agents that are
 5410  identified in writing by to the department, in the
 5411  administration and evaluation of the capital investment tax
 5412  credit program authorized in s. 220.191 and the semiconductor,
 5413  defense, and space tax exemption program authorized in s.
 5414  212.08(5)(j).
 5415         3. Information relative to tax credits taken by a taxpayer
 5416  pursuant to the tax credit programs created in ss. 193.017;
 5417  212.08(5)(g),(h),(n),(o) and (p); 212.08(15); 212.096; 212.097;
 5418  212.098; 220.181; 220.182; 220.183; 220.184; 220.1845; 220.185;
 5419  220.1895; 220.19; 220.191; 220.192; 220.193; 288.0656; 288.99;
 5420  290.007; 376.30781; 420.5093; 420.5099; 550.0951; 550.26352;
 5421  550.2704; 601.155; 624.509; 624.510; 624.5105; and 624.5107 to
 5422  the Office of Tourism, Trade, and Economic Development, or its
 5423  employees or agents that are identified in writing by the office
 5424  to the department, for use in the administration or evaluation
 5425  of such programs.
 5426         (k)(l) Information relative to chapter 212 and the Bill of
 5427  Lading Program to the Office of Agriculture Law Enforcement of
 5428  the Department of Agriculture and Consumer Services in the
 5429  conduct of its official duties.
 5430         (l)(m) Information relative to chapter 198 to the Agency
 5431  for Health Care Administration in the conduct of its official
 5432  business relating to ss. 409.901-409.9101.
 5433         (m)(n) Information contained in returns, reports, accounts,
 5434  or declarations to the Board of Accountancy in connection with a
 5435  disciplinary proceeding conducted pursuant to chapter 473 when
 5436  related to a certified public accountant participating in the
 5437  certified audits project, or to the court in connection with a
 5438  civil proceeding brought by the department relating to a claim
 5439  for recovery of taxes due to negligence on the part of a
 5440  certified public accountant participating in the certified
 5441  audits project. In any judicial proceeding brought by the
 5442  department, upon motion for protective order, the court shall
 5443  limit disclosure of tax information when necessary to effectuate
 5444  the purposes of this section.
 5445         (n)(o) Information relative to ss. 376.70 and 376.75 to the
 5446  Department of Environmental Protection in the conduct of its
 5447  official business and to the facility owner, facility operator,
 5448  and real property owners as defined in s. 376.301.
 5449         (o)(p) Information relative to ss. 220.1845 and 376.30781
 5450  to the Department of Environmental Protection in the conduct of
 5451  its official business.
 5452         (p)(q) Names, addresses, and sales tax registration
 5453  information to the Division of Consumer Services of the
 5454  Department of Agriculture and Consumer Services in the conduct
 5455  of its official duties.
 5456         (q)(r) Information relative to the returns required by ss.
 5457  175.111 and 185.09 to the Department of Management Services in
 5458  the conduct of its official duties. The Department of Management
 5459  Services is, in turn, authorized to disclose payment information
 5460  to a governmental agency or the agency’s agent for purposes
 5461  related to budget preparation, auditing, revenue or financial
 5462  administration, or administration of chapters 175 and 185.
 5463         (r)(s) Names, addresses, and federal employer
 5464  identification numbers, or similar identifiers, to the
 5465  Department of Highway Safety and Motor Vehicles for use in the
 5466  conduct of its official duties.
 5467         (s)(t) Information relative to the tax exemptions under ss.
 5468  212.031, 212.06, and 212.08 for those persons qualified under s.
 5469  288.1258 to the Office of Film and Entertainment. The Department
 5470  of Revenue shall provide the Office of Film and Entertainment
 5471  with information in the aggregate.
 5472         (t)(u) Information relative to ss. 211.0251, 212.1831,
 5473  220.1875, 561.1211, 624.51055, and 1002.395 to the Department of
 5474  Education and the Division of Alcoholic Beverages and Tobacco in
 5475  the conduct of official business.
 5476         (u)(v) Information relative to chapter 202 to each local
 5477  government that imposes a tax pursuant to s. 202.19 in the
 5478  conduct of its official duties as specified in chapter 202.
 5479  Information provided under this paragraph may include, but is
 5480  not limited to, any reports required pursuant to s. 202.231,
 5481  audit files, notices of intent to audit, tax returns, and other
 5482  confidential tax information in the department’s possession
 5483  relating to chapter 202. A person or an entity designated by the
 5484  local government in writing to the department as requiring
 5485  access to confidential taxpayer information shall have
 5486  reasonable access to information provided pursuant to this
 5487  paragraph. Such person or entity may disclose such information
 5488  to other persons or entities with direct responsibility for
 5489  budget preparation, auditing, revenue or financial
 5490  administration, or legal counsel. Such information shall only be
 5491  used for purposes related to budget preparation, auditing, and
 5492  revenue and financial administration. Any confidential and
 5493  exempt information furnished to a local government, or to any
 5494  person or entity designated by the local government as
 5495  authorized by this paragraph may not be further disclosed by the
 5496  recipient except as provided by this paragraph.
 5497         (w) Tax registration information to the Agency for
 5498  Workforce Innovation for use in the conduct of its official
 5499  duties, which information may not be redisclosed by the Agency
 5500  for Workforce Innovation.
 5501         (v)(x) Rental car surcharge revenues authorized by s.
 5502  212.0606, reported according to the county to which the
 5503  surcharge was attributed to the Department of Transportation.
 5504         (w)(y) Information relative to ss. 212.08(7)(ccc) and
 5505  220.192 to the Florida Energy and Climate Commission for use in
 5506  the conduct of its official business.
 5507         (x)(z) Taxpayer names and identification numbers for the
 5508  purposes of information-sharing agreements with financial
 5509  institutions pursuant to s. 213.0532.
 5510         (y)(aa) Information relative to chapter 212 to the
 5511  Department of Environmental Protection in the conduct of its
 5512  official duties in the administration of s. 253.03(7)(b) and
 5513  (11).
 5514         (bb)Information relative to tax credits taken under s.
 5515  288.1254 to the Office of Film and Entertainment and the Office
 5516  of Tourism, Trade, and Economic Development.
 5517         (z)(cc) Information relative to ss. 253.03(8) and 253.0325
 5518  to the Department of Environmental Protection in the conduct of
 5519  its official business.
 5520  
 5521  Disclosure of information under this subsection shall be
 5522  pursuant to a written agreement between the executive director
 5523  and the agency. Such agencies, governmental or nongovernmental,
 5524  shall be bound by the same requirements of confidentiality as
 5525  the Department of Revenue. Breach of confidentiality is a
 5526  misdemeanor of the first degree, punishable as provided by s.
 5527  775.082 or s. 775.083.
 5528         (19)The department may disclose information relative to
 5529  tax credits taken by a taxpayer pursuant to s. 288.9916 to the
 5530  Office of Tourism, Trade, and Economic Development or its
 5531  employees or agents. Such employees must be identified in
 5532  writing by the office to the department. All information
 5533  disclosed under this subsection is subject to the same
 5534  requirements of confidentiality and the same penalties for
 5535  violation of the requirements as the department.
 5536         (19)(20)(a) The department may publish a list of taxpayers
 5537  against whom the department has filed a warrant, notice of lien,
 5538  or judgment lien certificate. The list may include the name and
 5539  address of each taxpayer; the amounts and types of delinquent
 5540  taxes, fees, or surcharges, penalties, or interest; and the
 5541  employer identification number or other taxpayer identification
 5542  number.
 5543         (b) The department shall update the list at least monthly
 5544  to reflect payments for resolution of deficiencies and to
 5545  otherwise add or remove taxpayers from the list.
 5546         (c) The department may adopt rules to administer this
 5547  subsection.
 5548         (20)(21) The department may disclose information relating
 5549  to taxpayers against whom the department has filed a warrant,
 5550  notice of lien, or judgment lien certificate. Such information
 5551  includes the name and address of the taxpayer, the actions
 5552  taken, the amounts and types of liabilities, and the amount of
 5553  any collections made.
 5554         Section 78. Paragraph (j) of subsection (4) of section
 5555  215.5586, Florida Statutes, is amended to read:
 5556         215.5586 My Safe Florida Home Program.—There is established
 5557  within the Department of Financial Services the My Safe Florida
 5558  Home Program. The department shall provide fiscal
 5559  accountability, contract management, and strategic leadership
 5560  for the program, consistent with this section. This section does
 5561  not create an entitlement for property owners or obligate the
 5562  state in any way to fund the inspection or retrofitting of
 5563  residential property in this state. Implementation of this
 5564  program is subject to annual legislative appropriations. It is
 5565  the intent of the Legislature that the My Safe Florida Home
 5566  Program provide trained and certified inspectors to perform
 5567  inspections for owners of site-built, single-family, residential
 5568  properties and grants to eligible applicants as funding allows.
 5569  The program shall develop and implement a comprehensive and
 5570  coordinated approach for hurricane damage mitigation that may
 5571  include the following:
 5572         (4) ADVISORY COUNCIL.—There is created an advisory council
 5573  to provide advice and assistance to the department regarding
 5574  administration of the program. The advisory council shall
 5575  consist of:
 5576         (j) The director of the Office Florida Division of
 5577  Emergency Management.
 5578  
 5579  Members appointed under paragraphs (a)-(d) shall serve at the
 5580  pleasure of the Financial Services Commission. Members appointed
 5581  under paragraphs (e) and (f) shall serve at the pleasure of the
 5582  appointing officer. All other members shall serve as voting ex
 5583  officio members. Members of the advisory council shall serve
 5584  without compensation but may receive reimbursement as provided
 5585  in s. 112.061 for per diem and travel expenses incurred in the
 5586  performance of their official duties.
 5587         Section 79. Paragraph (b) of subsection (8) of section
 5588  216.136, Florida Statutes, is amended to read:
 5589         216.136 Consensus estimating conferences; duties and
 5590  principals.—
 5591         (8) EARLY LEARNING PROGRAMS ESTIMATING CONFERENCE.—
 5592         (b) The Department of Education Agency for Workforce
 5593  Innovation shall provide information on needs and waiting lists
 5594  for school readiness programs, and information on the needs for
 5595  the Voluntary Prekindergarten Education Program, as requested by
 5596  the Early Learning Programs Estimating Conference or individual
 5597  conference principals in a timely manner.
 5598         Section 80. Paragraph (a) of subsection (6) of section
 5599  216.292, Florida Statutes, is amended to read:
 5600         216.292 Appropriations nontransferable; exceptions.—
 5601         (6) The Chief Financial Officer shall transfer from any
 5602  available funds of an agency or the judicial branch the
 5603  following amounts and shall report all such transfers and the
 5604  reasons therefor to the legislative appropriations committees
 5605  and the Executive Office of the Governor:
 5606         (a) The amount due to the Unemployment Compensation Trust
 5607  Fund which is more than 90 days delinquent on reimbursements due
 5608  to the Unemployment Compensation Trust Fund. The amount
 5609  transferred shall be that certified by the state agency
 5610  providing unemployment tax collection services under contract
 5611  with Jobs Florida the Agency for Workforce Innovation through an
 5612  interagency agreement pursuant to s. 443.1316.
 5613         Section 81. Subsection (1) of section 216.231, Florida
 5614  Statutes, is amended to read:
 5615         216.231 Release of certain classified appropriations.—
 5616         (1)(a) Any appropriation to the Executive Office of the
 5617  Governor which is classified as an emergency, as defined in s.
 5618  252.34(3), may be released only with the approval of the
 5619  Governor. The state agency, or the judicial branch, desiring the
 5620  use of the emergency appropriation shall submit to the Executive
 5621  Office of the Governor application therefor in writing setting
 5622  forth the facts from which the alleged need arises. The
 5623  Executive Office of the Governor shall, at a public hearing,
 5624  review such application promptly and approve or disapprove the
 5625  applications as the circumstances may warrant. All actions of
 5626  the Executive Office of the Governor shall be reported to the
 5627  legislative appropriations committees, and the committees may
 5628  advise the Executive Office of the Governor relative to the
 5629  release of such funds.
 5630         (b) The release of appropriated funds classified as
 5631  “emergency” shall be approved only if when an act or
 5632  circumstance caused by an act of God, civil disturbance, natural
 5633  disaster, or other circumstance of an emergency nature
 5634  threatens, endangers, or damages the property, safety, health,
 5635  or welfare of the state or its residents citizens, which
 5636  condition has not been provided for in appropriation acts of the
 5637  Legislature. Funds allocated for this purpose may be used to pay
 5638  overtime pay to personnel of agencies called upon to perform
 5639  extra duty because of any civil disturbance or other emergency
 5640  as defined in s. 252.34(3) and to provide the required state
 5641  match for federal grants under the federal Disaster Relief Act.
 5642         Section 82. Paragraph (a) of subsection (3) of section
 5643  218.64, Florida Statutes, is amended to read:
 5644         218.64 Local government half-cent sales tax; uses;
 5645  limitations.—
 5646         (3) Subject to ordinances enacted by the majority of the
 5647  members of the county governing authority and by the majority of
 5648  the members of the governing authorities of municipalities
 5649  representing at least 50 percent of the municipal population of
 5650  such county, counties may use up to $2 million annually of the
 5651  local government half-cent sales tax allocated to that county
 5652  for funding for any of the following applicants:
 5653         (a) A certified applicant as a facility for a new or
 5654  retained professional sports franchise under s. 288.1162 or a
 5655  certified applicant as defined in s. 288.11621 for a facility
 5656  for a spring training franchise. It is the Legislature’s intent
 5657  that the provisions of s. 288.1162, including, but not limited
 5658  to, the evaluation process by the Office of Tourism, Trade, and
 5659  Economic Development except for the limitation on the number of
 5660  certified applicants or facilities as provided in that section
 5661  and the restrictions set forth in s. 288.1162(8), shall apply to
 5662  an applicant’s facility to be funded by local government as
 5663  provided in this subsection.
 5664         Section 83. Paragraph (ff) of subsection (1) of section
 5665  220.03, Florida Statutes, is amended to read:
 5666         220.03 Definitions.—
 5667         (1) SPECIFIC TERMS.—When used in this code, and when not
 5668  otherwise distinctly expressed or manifestly incompatible with
 5669  the intent thereof, the following terms shall have the following
 5670  meanings:
 5671         (ff) “Job” means a full-time position, as consistent with
 5672  terms used by Jobs Florida the Agency for Workforce Innovation
 5673  and the United States Department of Labor for purposes of
 5674  unemployment compensation tax administration and employment
 5675  estimation resulting directly from business operations in this
 5676  state. The term may not include a temporary construction job
 5677  involved with the construction of facilities or any job that has
 5678  previously been included in any application for tax credits
 5679  under s. 212.096. The term also includes employment of an
 5680  employee leased from an employee leasing company licensed under
 5681  chapter 468 if the employee has been continuously leased to the
 5682  employer for an average of at least 36 hours per week for more
 5683  than 6 months.
 5684         Section 84. Paragraph (d) of subsection (1), paragraphs
 5685  (b), (c), and (d) of subsection (2), and subsections (3), and
 5686  (4) of section 220.183, Florida Statutes, are amended to read:
 5687         220.183 Community contribution tax credit.—
 5688         (1) AUTHORIZATION TO GRANT COMMUNITY CONTRIBUTION TAX
 5689  CREDITS; LIMITATIONS ON INDIVIDUAL CREDITS AND PROGRAM
 5690  SPENDING.—
 5691         (d) All proposals for the granting of the tax credit shall
 5692  require the prior approval of Jobs Florida the Office of
 5693  Tourism, Trade, and Economic Development.
 5694         (2) ELIGIBILITY REQUIREMENTS.—
 5695         (b)1. All community contributions must be reserved
 5696  exclusively for use in projects as defined in s. 220.03(1)(t).
 5697         2. If, during the first 10 business days of the state
 5698  fiscal year, eligible tax credit applications for projects that
 5699  provide homeownership opportunities for low-income or very-low
 5700  income households as defined in s. 420.9071(19) and (28) are
 5701  received for less than the annual tax credits available for
 5702  those projects, Jobs Florida the Office of Tourism, Trade, and
 5703  Economic Development shall grant tax credits for those
 5704  applications and shall grant remaining tax credits on a first
 5705  come, first-served basis for any subsequent eligible
 5706  applications received before the end of the state fiscal year.
 5707  If, during the first 10 business days of the state fiscal year,
 5708  eligible tax credit applications for projects that provide
 5709  homeownership opportunities for low-income or very-low-income
 5710  households as defined in s. 420.9071(19) and (28) are received
 5711  for more than the annual tax credits available for those
 5712  projects, the office shall grant the tax credits for those
 5713  applications as follows:
 5714         a. If tax credit applications submitted for approved
 5715  projects of an eligible sponsor do not exceed $200,000 in total,
 5716  the credit shall be granted in full if the tax credit
 5717  applications are approved.
 5718         b. If tax credit applications submitted for approved
 5719  projects of an eligible sponsor exceed $200,000 in total, the
 5720  amount of tax credits granted under sub-subparagraph a. shall be
 5721  subtracted from the amount of available tax credits, and the
 5722  remaining credits shall be granted to each approved tax credit
 5723  application on a pro rata basis.
 5724         3. If, during the first 10 business days of the state
 5725  fiscal year, eligible tax credit applications for projects other
 5726  than those that provide homeownership opportunities for low
 5727  income or very-low-income households as defined in s.
 5728  420.9071(19) and (28) are received for less than the annual tax
 5729  credits available for those projects, the office shall grant tax
 5730  credits for those applications and shall grant remaining tax
 5731  credits on a first-come, first-served basis for any subsequent
 5732  eligible applications received before the end of the state
 5733  fiscal year. If, during the first 10 business days of the state
 5734  fiscal year, eligible tax credit applications for projects other
 5735  than those that provide homeownership opportunities for low
 5736  income or very-low-income households as defined in s.
 5737  420.9071(19) and (28) are received for more than the annual tax
 5738  credits available for those projects, the office shall grant the
 5739  tax credits for those applications on a pro rata basis.
 5740         (c) The project must be undertaken by an “eligible
 5741  sponsor,” defined here as:
 5742         1. A community action program;
 5743         2. A nonprofit community-based development organization
 5744  whose mission is the provision of housing for low-income or
 5745  very-low-income households or increasing entrepreneurial and
 5746  job-development opportunities for low-income persons;
 5747         3. A neighborhood housing services corporation;
 5748         4. A local housing authority, created pursuant to chapter
 5749  421;
 5750         5. A community redevelopment agency, created pursuant to s.
 5751  163.356;
 5752         6. The Florida Industrial Development Corporation;
 5753         7. An historic preservation district agency or
 5754  organization;
 5755         8. A regional workforce board;
 5756         9. A direct-support organization as provided in s.
 5757  1009.983;
 5758         10. An enterprise zone development agency created pursuant
 5759  to s. 290.0056;
 5760         11. A community-based organization incorporated under
 5761  chapter 617 which is recognized as educational, charitable, or
 5762  scientific pursuant to s. 501(c)(3) of the Internal Revenue Code
 5763  and whose bylaws and articles of incorporation include
 5764  affordable housing, economic development, or community
 5765  development as the primary mission of the corporation;
 5766         12. Units of local government;
 5767         13. Units of state government; or
 5768         14. Such other agency as Jobs Florida the Office of
 5769  Tourism, Trade, and Economic Development may, from time to time,
 5770  designate by rule.
 5771  
 5772  In no event shall a contributing business firm have a financial
 5773  interest in the eligible sponsor.
 5774         (d) The project shall be located in an area designated as
 5775  an enterprise zone or a Front Porch Florida Community pursuant
 5776  to s. 20.18(6). Any project designed to construct or
 5777  rehabilitate housing for low-income or very-low-income
 5778  households as defined in s. 420.9071(19) and (28) is exempt from
 5779  the area requirement of this paragraph. This section does not
 5780  preclude projects that propose to construct or rehabilitate
 5781  housing for low-income or very-low-income households on
 5782  scattered sites. Any project designed to provide increased
 5783  access to high-speed broadband capabilities which includes
 5784  coverage of a rural enterprise zone may locate the project’s
 5785  infrastructure in any area of a rural county.
 5786         (3) APPLICATION REQUIREMENTS.—
 5787         (a) Any eligible sponsor wishing to participate in this
 5788  program must submit a proposal to Jobs Florida the Office of
 5789  Tourism, Trade, and Economic Development which sets forth the
 5790  sponsor, the project, the area in which the project is located,
 5791  and such supporting information as may be prescribed by rule.
 5792  The proposal shall also contain a resolution from the local
 5793  governmental unit in which it is located certifying that the
 5794  project is consistent with local plans and regulations.
 5795         (b) Any business wishing to participate in this program
 5796  must submit an application for tax credit to Jobs Florida the
 5797  Office of Tourism, Trade, and Economic Development, which
 5798  application sets forth the sponsor; the project; and the type,
 5799  value, and purpose of the contribution. The sponsor shall verify
 5800  the terms of the application and indicate its receipt of the
 5801  contribution, which verification must be in writing and
 5802  accompany the application for tax credit.
 5803         (c) The business firm must submit a separate application
 5804  for tax credit for each individual contribution that it makes to
 5805  each individual project.
 5806         (4) ADMINISTRATION.—
 5807         (a) Jobs Florida The Office of Tourism, Trade, and Economic
 5808  Development has authority to adopt rules pursuant to ss.
 5809  120.536(1) and 120.54 to implement the provisions of this
 5810  section, including rules for the approval or disapproval of
 5811  proposals by business firms.
 5812         (b) The decision of Jobs Florida the Office of Tourism,
 5813  Trade, and Economic Development shall be in writing, and, if
 5814  approved, the notification must state the maximum credit
 5815  allowable to the business firm. A copy of the decision shall be
 5816  transmitted to the executive director of the Department of
 5817  Revenue, who shall apply such credit to the tax liability of the
 5818  business firm.
 5819         (c) Jobs Florida The Office of Tourism, Trade, and Economic
 5820  Development shall periodically monitor all projects in a manner
 5821  consistent with available resources to ensure that resources are
 5822  utilized in accordance with this section; however, each project
 5823  shall be reviewed no less often than once every 2 years.
 5824         (d) The Department of Revenue has authority to adopt rules
 5825  pursuant to ss. 120.536(1) and 120.54 to implement the
 5826  provisions of this section.
 5827         (e) Jobs Florida The Office of Tourism, Trade, and Economic
 5828  Development shall, in consultation with the Department of
 5829  Community Affairs, the Florida Housing Finance Corporation, and
 5830  the statewide and regional housing and financial intermediaries,
 5831  market the availability of the community contribution tax credit
 5832  program to community-based organizations.
 5833         Section 85. Paragraphs (e), (f), (g), and (h) of subsection
 5834  (1) and subsections (5) and (6) of section 220.191, Florida
 5835  Statutes, are amended to read:
 5836         220.191 Capital investment tax credit.—
 5837         (1) DEFINITIONS.—For purposes of this section:
 5838         (e) “Jobs” means full-time equivalent positions, as that
 5839  term is consistent with terms used by Jobs Florida the Agency
 5840  for Workforce Innovation and the United States Department of
 5841  Labor for purposes of unemployment tax administration and
 5842  employment estimation, resulting directly from a project in this
 5843  state. The term does not include temporary construction jobs
 5844  involved in the construction of the project facility.
 5845         (f) “Office” means the Office of Tourism, Trade, and
 5846  Economic Development.
 5847         (f)(g) “Qualifying business” means a business which
 5848  establishes a qualifying project in this state and which is
 5849  certified by Jobs Florida the office to receive tax credits
 5850  pursuant to this section.
 5851         (g)(h) “Qualifying project” means:
 5852         1. A new or expanding facility in this state which creates
 5853  at least 100 new jobs in this state and is in one of the high
 5854  impact sectors identified by the Jobs Florida Partnership
 5855  Enterprise Florida, Inc., and certified by Jobs Florida the
 5856  office pursuant to s. 288.108(6), including, but not limited to,
 5857  aviation, aerospace, automotive, and silicon technology
 5858  industries;
 5859         2. A new or expanded facility in this state which is
 5860  engaged in a target industry designated pursuant to the
 5861  procedure specified in s. 288.106(2) s. 288.106(2)(t) and which
 5862  is induced by this credit to create or retain at least 1,000
 5863  jobs in this state, provided that at least 100 of those jobs are
 5864  new, pay an annual average wage of at least 130 percent of the
 5865  average private sector wage in the area as defined in s.
 5866  288.106(2), and make a cumulative capital investment of at least
 5867  $100 million after July 1, 2005. Jobs may be considered retained
 5868  only if there is significant evidence that the loss of jobs is
 5869  imminent. Notwithstanding subsection (2), annual credits against
 5870  the tax imposed by this chapter shall not exceed 50 percent of
 5871  the increased annual corporate income tax liability or the
 5872  premium tax liability generated by or arising out of a project
 5873  qualifying under this subparagraph. A facility that qualifies
 5874  under this subparagraph for an annual credit against the tax
 5875  imposed by this chapter may take the tax credit for a period not
 5876  to exceed 5 years; or
 5877         3. A new or expanded headquarters facility in this state
 5878  which locates in an enterprise zone and brownfield area and is
 5879  induced by this credit to create at least 1,500 jobs which on
 5880  average pay at least 200 percent of the statewide average annual
 5881  private sector wage, as published by Jobs Florida the Agency for
 5882  Workforce Innovation or its successor, and which new or expanded
 5883  headquarters facility makes a cumulative capital investment in
 5884  this state of at least $250 million.
 5885         (5) Applications shall be reviewed and certified pursuant
 5886  to s. 288.061. Jobs Florida The office, upon a recommendation by
 5887  the Jobs Florida Partnership Enterprise Florida, Inc., shall
 5888  first certify a business as eligible to receive tax credits
 5889  pursuant to this section prior to the commencement of operations
 5890  of a qualifying project, and such certification shall be
 5891  transmitted to the Department of Revenue. Upon receipt of the
 5892  certification, the Department of Revenue shall enter into a
 5893  written agreement with the qualifying business specifying, at a
 5894  minimum, the method by which income generated by or arising out
 5895  of the qualifying project will be determined.
 5896         (6) Jobs Florida The office, in consultation with the Jobs
 5897  Florida Partnership Enterprise Florida, Inc., is authorized to
 5898  develop the necessary guidelines and application materials for
 5899  the certification process described in subsection (5).
 5900         Section 86. Subsection (2) of section 222.15, Florida
 5901  Statutes, is amended to read:
 5902         222.15 Wages or unemployment compensation payments due
 5903  deceased employee may be paid spouse or certain relatives.—
 5904         (2) It is also lawful for Jobs Florida the Agency for
 5905  Workforce Innovation, in case of death of any unemployed
 5906  individual, to pay to those persons referred to in subsection
 5907  (1) any unemployment compensation payments that may be due to
 5908  the individual at the time of his or her death.
 5909         Section 87. Subsections (3) and (4) of section 250.06,
 5910  Florida Statutes, are amended to read:
 5911         250.06 Commander in chief.—
 5912         (3) The Governor may, in order to preserve the public
 5913  peace, execute the laws of the state, suppress insurrection,
 5914  repel invasion, respond to an emergency as defined in s.
 5915  252.34(3) or imminent danger thereof, or, in case of the calling
 5916  of all or any portion of the militia of this state Florida into
 5917  the services of the United States, may increase the Florida
 5918  National Guard and organize it in accordance with rules and
 5919  regulations governing the Armed Forces of the United States.
 5920  Such organization and increase may be pursuant to or in advance
 5921  of any call made by the President of the United States. If the
 5922  Florida National Guard is activated into service of the United
 5923  States, another organization may not be designated as the
 5924  Florida National Guard.
 5925         (4) The Governor may, in order to preserve the public
 5926  peace, execute the laws of the state, enhance domestic security,
 5927  respond to terrorist threats or attacks, respond to an emergency
 5928  as defined in s. 252.34(3) or imminent danger thereof, or
 5929  respond to any need for emergency aid to civil authorities as
 5930  specified in s. 250.28, order into state active duty all or any
 5931  part of the militia which he or she deems proper.
 5932         Section 88. Paragraphs (a) and (b) of subsection (1) of
 5933  section 252.32, Florida Statutes, are amended to read:
 5934         252.32 Policy and purpose.—
 5935         (1) Because of the existing and continuing possibility of
 5936  the occurrence of emergencies and disasters resulting from
 5937  natural, technological, or manmade causes; in order to ensure
 5938  that preparations of this state will be adequate to deal with,
 5939  reduce vulnerability to, and recover from such emergencies and
 5940  disasters; to provide for the common defense and to protect the
 5941  public peace, health, and safety; and to preserve the lives and
 5942  property of the people of the state, it is hereby found and
 5943  declared to be necessary:
 5944         (a) To create a state emergency management agency to be
 5945  known as the “Office Division of Emergency Management,” to
 5946  authorize the creation of local organizations for emergency
 5947  management in the political subdivisions of the state, and to
 5948  authorize cooperation with the Federal Government and the
 5949  governments of other states.
 5950         (b) To confer upon the Governor, the Office Division of
 5951  Emergency Management, and the governing body of each political
 5952  subdivision of the state the emergency powers provided herein.
 5953         Section 89. Section 252.34, Florida Statutes, is amended to
 5954  read:
 5955         252.34 Definitions.—As used in this part ss. 252.31-252.60,
 5956  the term:
 5957         (1) “Disaster” means any natural, technological, or civil
 5958  emergency that causes damage of sufficient severity and
 5959  magnitude to result in a declaration of a state of emergency by
 5960  a county, the Governor, or the President of the United States.
 5961  Disasters are shall be identified by the severity of resulting
 5962  damage, as follows:
 5963         (a) “Catastrophic disaster” means a disaster that will
 5964  require massive state and federal assistance, including
 5965  immediate military involvement.
 5966         (b) “Major disaster” means a disaster that will likely
 5967  exceed local capabilities and require a broad range of state and
 5968  federal assistance.
 5969         (c) “Minor disaster” means a disaster that is likely to be
 5970  within the response capabilities of local government and to
 5971  result in only a minimal need for state or federal assistance.
 5972         (2) “Division” means the Division of Emergency Management
 5973  of the Department of Community Affairs, or the successor to that
 5974  division.
 5975         (2)(3) “Emergency” means any occurrence, or threat thereof,
 5976  whether natural, technological, or manmade, in war or in peace,
 5977  which results or may result in substantial injury or harm to the
 5978  population or substantial damage to or loss of property.
 5979         (3)(4) “Emergency management” means the preparation for,
 5980  the mitigation of, the response to, and the recovery from
 5981  emergencies and disasters. Specific emergency management
 5982  responsibilities include, but are not limited to:
 5983         (a) Reduction of vulnerability of people and communities of
 5984  this state to damage, injury, and loss of life and property
 5985  resulting from natural, technological, or manmade emergencies or
 5986  hostile military or paramilitary action.
 5987         (b) Preparation for prompt and efficient response and
 5988  recovery to protect lives and property affected by emergencies.
 5989         (c) Response to emergencies using all systems, plans, and
 5990  resources necessary to preserve adequately the health, safety,
 5991  and welfare of persons or property affected by the emergency.
 5992         (d) Recovery from emergencies by providing for the rapid
 5993  and orderly start of restoration and rehabilitation of persons
 5994  and property affected by emergencies.
 5995         (e) Provision of an emergency management system embodying
 5996  all aspects of preemergency preparedness and postemergency
 5997  response, recovery, and mitigation.
 5998         (f) Assistance in anticipation, recognition, appraisal,
 5999  prevention, and mitigation of emergencies which may be caused or
 6000  aggravated by inadequate planning for, and regulation of, public
 6001  and private facilities and land use.
 6002         (4)(5) “Local emergency management agency” means an
 6003  organization created in accordance with the provisions of ss.
 6004  252.31-252.90 to discharge the emergency management
 6005  responsibilities and functions of a political subdivision.
 6006         (5)(6) “Manmade emergency” means an emergency caused by an
 6007  action against persons or society, including, but not limited
 6008  to, enemy attack, sabotage, terrorism, civil unrest, or other
 6009  action impairing the orderly administration of government.
 6010         (6)(7) “Natural emergency” means an emergency caused by a
 6011  natural event, including, but not limited to, a hurricane, a
 6012  storm, a flood, severe wave action, a drought, or an earthquake.
 6013         (7) “Office” means the Office of Emergency Management
 6014  within the Executive Office of the Governor, or the successor to
 6015  that office.
 6016         (8) “Political subdivision” means any county or
 6017  municipality created pursuant to law.
 6018         (9) “Technological emergency” means an emergency caused by
 6019  a technological failure or accident, including, but not limited
 6020  to, an explosion, transportation accident, radiological
 6021  accident, or chemical or other hazardous material incident.
 6022         Section 90. Section 252.35, Florida Statutes, is amended to
 6023  read:
 6024         252.35 Emergency management powers; Division of Emergency
 6025  Management.—
 6026         (1) The office division is responsible for maintaining a
 6027  comprehensive statewide program of emergency management and for
 6028  coordinating the. The division is responsible for coordination
 6029  with efforts of the Federal Government with other departments
 6030  and agencies of state government, with county and municipal
 6031  governments and school boards, and with private agencies that
 6032  have a role in emergency management.
 6033         (2) The office division is responsible for carrying out the
 6034  provisions of ss. 252.31-252.90. In performing its duties under
 6035  ss. 252.31-252.90, the office division shall:
 6036         (a) Prepare a state comprehensive emergency management
 6037  plan, which shall be integrated into and coordinated with the
 6038  emergency management plans and programs of the Federal
 6039  Government. The office division must adopt the plan as a rule in
 6040  accordance with chapter 120. The plan shall be implemented by a
 6041  continuous, integrated comprehensive emergency management
 6042  program. The plan must contain provisions to ensure that the
 6043  state is prepared for emergencies and minor, major, and
 6044  catastrophic disasters, and the office division shall work
 6045  closely with local governments and agencies and organizations
 6046  with emergency management responsibilities in preparing and
 6047  maintaining the plan. The state comprehensive emergency
 6048  management plan must shall be operations oriented and:
 6049         1. Include an evacuation component that includes specific
 6050  regional and interregional planning provisions and promotes
 6051  intergovernmental coordination of evacuation activities. This
 6052  component must, at a minimum: contain guidelines for lifting
 6053  tolls on state highways; ensure coordination pertaining to
 6054  evacuees crossing county lines; set forth procedures for
 6055  directing people caught on evacuation routes to safe shelter;
 6056  establish strategies for ensuring sufficient, reasonably priced
 6057  fueling locations along evacuation routes; and establish
 6058  policies and strategies for emergency medical evacuations.
 6059         2. Include a shelter component that includes specific
 6060  regional and interregional planning provisions and promotes
 6061  coordination of shelter activities between the public, private,
 6062  and nonprofit sectors. This component must, at a minimum:
 6063  contain strategies to ensure the availability of adequate public
 6064  shelter space in each region of the state; establish strategies
 6065  for refuge-of-last-resort programs; provide strategies to assist
 6066  local emergency management efforts to ensure that adequate
 6067  staffing plans exist for all shelters, including medical and
 6068  security personnel; provide for a postdisaster communications
 6069  system for public shelters; establish model shelter guidelines
 6070  for operations, registration, inventory, power generation
 6071  capability, information management, and staffing; and set forth
 6072  policy guidance for sheltering people with special needs.
 6073         3. Include a postdisaster response and recovery component
 6074  that includes specific regional and interregional planning
 6075  provisions and promotes intergovernmental coordination of
 6076  postdisaster response and recovery activities. This component
 6077  must provide for postdisaster response and recovery strategies
 6078  according to whether a disaster is minor, major, or
 6079  catastrophic. The postdisaster response and recovery component
 6080  must, at a minimum: establish the structure of the state’s
 6081  postdisaster response and recovery organization; establish
 6082  procedures for activating the state’s plan; set forth policies
 6083  used to guide postdisaster response and recovery activities;
 6084  describe the chain of command during the postdisaster response
 6085  and recovery period; describe initial and continuous
 6086  postdisaster response and recovery actions; identify the roles
 6087  and responsibilities of each involved agency and organization;
 6088  provide for a comprehensive communications plan; establish
 6089  procedures for monitoring mutual aid agreements; provide for
 6090  rapid impact assessment teams; ensure the availability of an
 6091  effective statewide urban search and rescue program coordinated
 6092  with the fire services; ensure the existence of a comprehensive
 6093  statewide medical care and relief plan administered by the
 6094  Department of Health; and establish systems for coordinating
 6095  volunteers and accepting and distributing donated funds and
 6096  goods.
 6097         4. Include additional provisions addressing aspects of
 6098  preparedness, response, recovery, and mitigation as determined
 6099  necessary by the office division.
 6100         5. Address the need for coordinated and expeditious
 6101  deployment of state resources, including the Florida National
 6102  Guard. In the case of an imminent major disaster, procedures
 6103  should address predeployment of the Florida National Guard, and,
 6104  in the case of an imminent catastrophic disaster, procedures
 6105  should address predeployment of the Florida National Guard and
 6106  the United States Armed Forces.
 6107         6. Establish a system of communications and warning to
 6108  ensure that the state’s population and emergency management
 6109  agencies are warned of developing emergency situations and can
 6110  communicate emergency response decisions.
 6111         7. Establish guidelines and schedules for annual exercises
 6112  that evaluate the ability of the state and its political
 6113  subdivisions to respond to minor, major, and catastrophic
 6114  disasters and support local emergency management agencies. Such
 6115  exercises must shall be coordinated with local governments and,
 6116  to the extent possible, the Federal Government.
 6117         8. Assign lead and support responsibilities to state
 6118  agencies and personnel for emergency support functions and other
 6119  support activities.
 6120  
 6121  The complete state comprehensive emergency management plan must
 6122  shall be submitted to the President of the Senate, the Speaker
 6123  of the House of Representatives, and the Governor on February 1
 6124  of every even-numbered year.
 6125         (b) Adopt standards and requirements for county emergency
 6126  management plans. The standards and requirements must ensure
 6127  that county plans are coordinated and consistent with the state
 6128  comprehensive emergency management plan. If a municipality
 6129  elects to establish an emergency management program, it must
 6130  adopt a city emergency management plan that complies with all
 6131  standards and requirements applicable to county emergency
 6132  management plans.
 6133         (c) Assist political subdivisions in preparing and
 6134  maintaining emergency management plans.
 6135         (d) Review periodically political subdivision emergency
 6136  management plans for consistency with the state comprehensive
 6137  emergency management plan and standards and requirements adopted
 6138  under this section.
 6139         (e) Cooperate with the President, the heads of the Armed
 6140  Forces, the various federal emergency management agencies, and
 6141  the officers and agencies of other states in matters pertaining
 6142  to emergency management in the state and the nation and
 6143  incidents thereof and, in connection therewith, take any
 6144  measures that it deems proper to carry into effect any request
 6145  of the President and the appropriate federal officers and
 6146  agencies for any emergency management action, including the
 6147  direction or control of:
 6148         1. Emergency management drills, tests, or exercises of
 6149  whatever nature.
 6150         2. Warnings and signals for tests and drills, attacks, or
 6151  other imminent emergencies or threats thereof and the mechanical
 6152  devices to be used in connection with such warnings and signals.
 6153         (f) Make recommendations to the Legislature, building code
 6154  organizations, and political subdivisions for zoning, building,
 6155  and other land use controls; safety measures for securing mobile
 6156  homes or other nonpermanent or semipermanent structures; and
 6157  other preparedness, prevention, and mitigation measures designed
 6158  to eliminate emergencies or reduce their impact.
 6159         (g) In accordance with the state comprehensive emergency
 6160  management plan and program for emergency management, ascertain
 6161  the requirements of the state and its political subdivisions for
 6162  equipment and supplies of all kinds in the event of an
 6163  emergency; plan for and either procure supplies, medicines,
 6164  materials, and equipment or enter into memoranda of agreement or
 6165  open purchase orders that will ensure their availability; and
 6166  use and employ from time to time any of the property, services,
 6167  and resources within the state in accordance with ss. 252.31
 6168  252.90.
 6169         (h) Anticipate trends and promote innovations that will
 6170  enhance the emergency management system.
 6171         (i) Institute statewide public awareness programs. This
 6172  shall include an intensive public educational campaign on
 6173  emergency preparedness issues, including, but not limited to,
 6174  the personal responsibility of individual citizens to be self
 6175  sufficient for up to 72 hours following a natural or manmade
 6176  disaster. The public educational campaign must shall include
 6177  relevant information on statewide disaster plans, evacuation
 6178  routes, fuel suppliers, and shelters. All educational materials
 6179  must be available in alternative formats and mediums to ensure
 6180  that they are available to persons with disabilities.
 6181         (j) In cooperation with The Division of Emergency
 6182  Management and the Department of Education, shall coordinate
 6183  with the Agency for Persons with Disabilities to provide an
 6184  educational outreach program on disaster preparedness and
 6185  readiness to individuals who have limited English skills and
 6186  identify persons who are in need of assistance but are not
 6187  defined under special-needs criteria.
 6188         (k) Prepare and distribute to appropriate state and local
 6189  officials catalogs of federal, state, and private assistance
 6190  programs.
 6191         (l) Coordinate federal, state, and local emergency
 6192  management activities and take all other steps, including the
 6193  partial or full mobilization of emergency management forces and
 6194  organizations in advance of an actual emergency, to ensure the
 6195  availability of adequately trained and equipped forces of
 6196  emergency management personnel before, during, and after
 6197  emergencies and disasters.
 6198         (m) Establish a schedule of fees that may be charged by
 6199  local emergency management agencies for review of emergency
 6200  management plans on behalf of external agencies and
 6201  institutions. In establishing such schedule, the office division
 6202  shall consider facility size, review complexity, and other
 6203  factors.
 6204         (n) Implement training programs to improve the ability of
 6205  state and local emergency management personnel to prepare and
 6206  implement emergency management plans and programs. This includes
 6207  shall include a continuous training program for agencies and
 6208  individuals that will be called on to perform key roles in state
 6209  and local postdisaster response and recovery efforts and for
 6210  local government personnel on federal and state postdisaster
 6211  response and recovery strategies and procedures.
 6212         (o) Review Periodically review emergency operating
 6213  procedures of state agencies and recommend revisions as needed
 6214  to ensure consistency with the state comprehensive emergency
 6215  management plan and program.
 6216         (p) Make such surveys of industries, resources, and
 6217  facilities within the state, both public and private, as are
 6218  necessary to carry out the purposes of ss. 252.31-252.90.
 6219         (q) Prepare, in advance if whenever possible, such
 6220  executive orders, proclamations, and rules for issuance by the
 6221  Governor as are necessary or appropriate for coping with
 6222  emergencies and disasters.
 6223         (r) Cooperate with the Federal Government and any public or
 6224  private agency or entity in achieving any purpose of ss. 252.31
 6225  252.90 and in implementing programs for mitigation, preparation,
 6226  response, and recovery.
 6227         (s) By January 1, 2007, the Division of Emergency
 6228  Management shall Complete an inventory of portable generators
 6229  owned by the state and local governments which are capable of
 6230  operating during a major disaster. The inventory must identify,
 6231  at a minimum, the location of each generator, the number of
 6232  generators stored at each specific location, the agency to which
 6233  each generator belongs, the primary use of the generator by the
 6234  owner agency, and the names, addresses, and telephone numbers of
 6235  persons having the authority to loan the stored generators as
 6236  authorized by the office Division of Emergency Management during
 6237  a declared emergency.
 6238         (t) The division shall Maintain an inventory list of
 6239  generators owned by the state and local governments. In
 6240  addition, the office division may keep a list of private
 6241  entities, along with appropriate contact information, which
 6242  offer generators for sale or lease. The list of private entities
 6243  shall be available to the public for inspection in written and
 6244  electronic formats.
 6245         (u) Assist political subdivisions with the creation and
 6246  training of urban search and rescue teams and promote the
 6247  development and maintenance of a state urban search and rescue
 6248  program.
 6249         (v) Delegate, as necessary and appropriate, authority
 6250  vested in it under ss. 252.31-252.90 and provide for the
 6251  subdelegation of such authority.
 6252         (w) Report biennially to the President of the Senate, the
 6253  Speaker of the House of Representatives, and the Governor, no
 6254  later than February 1 of every odd-numbered year, the status of
 6255  the emergency management capabilities of the state and its
 6256  political subdivisions.
 6257         (x) In accordance with chapter 120, create, implement,
 6258  administer, adopt, amend, and rescind rules, programs, and plans
 6259  needed to carry out the provisions of ss. 252.31-252.90 with due
 6260  consideration for, and in cooperating with, the plans and
 6261  programs of the Federal Government. In addition, the office
 6262  division may adopt rules in accordance with chapter 120 to
 6263  administer and distribute federal financial predisaster and
 6264  postdisaster assistance for prevention, mitigation,
 6265  preparedness, response, and recovery.
 6266         (y) Do other things necessary, incidental, or appropriate
 6267  for the implementation of ss. 252.31-252.90.
 6268         Section 91. Subsection (2) of section 252.355, Florida
 6269  Statutes, is amended to read:
 6270         252.355 Registry of persons with special needs; notice.—
 6271         (2) The office Department of Community Affairs shall be the
 6272  designated lead agency responsible for community education and
 6273  outreach to the public, including special needs clients,
 6274  regarding registration and special needs shelters and general
 6275  information regarding shelter stays.
 6276         Section 92. Section 252.3568, Florida Statutes, is amended
 6277  to read:
 6278         252.3568 Emergency sheltering of persons with pets.—In
 6279  accordance with s. 252.35, the office division shall address
 6280  strategies for the evacuation of persons with pets in the
 6281  shelter component of the state comprehensive emergency
 6282  management plan and shall include the requirement for similar
 6283  strategies in its standards and requirements for local
 6284  comprehensive emergency management plans. The Department of
 6285  Agriculture and Consumer Services shall assist the office
 6286  division in determining strategies regarding this activity.
 6287         Section 93. Subsections (8) and (9) of section 252.36,
 6288  Florida Statutes, are amended to read:
 6289         252.36 Emergency management powers of the Governor.—
 6290         (8) The Governor shall delegate emergency responsibilities
 6291  to the officers and agencies of the state and of the political
 6292  subdivisions thereof prior to an emergency or threat of an
 6293  emergency and shall utilize the services and facilities of
 6294  existing officers and agencies of the state and of the political
 6295  subdivisions thereof, including their personnel and other
 6296  resources, as the primary emergency management forces of the
 6297  state, and all such officers and agencies shall cooperate with
 6298  and extend their services and facilities to the office division,
 6299  as it may require.
 6300         (9) The Governor and the office division shall establish
 6301  agencies and offices and appoint executive, professional,
 6302  technical, clerical, and other personnel as may be necessary to
 6303  carry out the provisions of ss. 252.31-252.90.
 6304         Section 94. Subsections (2), (3), and (4) of section
 6305  252.365, Florida Statutes, are amended to read:
 6306         252.365 Emergency coordination officers; disaster
 6307  preparedness plans.—
 6308         (2) The emergency coordination officer is responsible for
 6309  coordinating with the office division on emergency preparedness
 6310  issues, preparing and maintaining emergency preparedness and
 6311  postdisaster response and recovery plans for such agency,
 6312  maintaining rosters of personnel to assist in disaster
 6313  operations, and coordinating appropriate training for agency
 6314  personnel.
 6315         (3) These individuals shall be responsible for ensuring
 6316  that each state agency and facility, such as a prison, office
 6317  building, or university, has a disaster preparedness plan that
 6318  is coordinated with the applicable local emergency-management
 6319  agency and approved by the office division.
 6320         (a) The disaster-preparedness plan must outline a
 6321  comprehensive and effective program to ensure continuity of
 6322  essential state functions under all circumstances. The plan must
 6323  identify a baseline of preparedness for a full range of
 6324  potential emergencies to establish a viable capability to
 6325  perform essential functions during any emergency or other
 6326  situation that disrupts normal operations.
 6327         (b) The plan must include, at a minimum, the following
 6328  elements: identification of essential functions, programs, and
 6329  personnel; procedures to implement the plan and personnel
 6330  notification and accountability; delegations of authority and
 6331  lines of succession; identification of alternative facilities
 6332  and related infrastructure, including those for communications;
 6333  identification and protection of vital records and databases;
 6334  and schedules and procedures for periodic tests, training, and
 6335  exercises.
 6336         (c) The office division shall develop and distribute
 6337  guidelines for developing and implementing the plan. Each agency
 6338  is encouraged to initiate and complete development of its plan
 6339  immediately, but no later than July 1, 2003.
 6340         (4) The head of each agency shall notify the Governor and
 6341  the office division in writing of the person initially
 6342  designated as the emergency coordination officer for such agency
 6343  and her or his alternate and of any changes in persons so
 6344  designated thereafter.
 6345         Section 95. Subsection (4) of section 252.37, Florida
 6346  Statutes, is amended to read:
 6347         252.37 Financing.—
 6348         (4)(a) Whenever the Federal Government or any agency or
 6349  officer thereof offers to the state or, through the state, to
 6350  any political subdivision thereof services, equipment, supplies,
 6351  materials, or funds by way of gift, grant, or loan for the
 6352  purposes of emergency management, the state, acting through the
 6353  office division, or such political subdivision, acting with the
 6354  consent of the Governor or the Governor’s authorized
 6355  representative, may accept such offer. Upon such acceptance, the
 6356  office division or the presiding officer or governing body of
 6357  such political subdivision may authorize receipt of the gift,
 6358  grant, or loan on behalf of the state or such political
 6359  subdivision, subject to the terms of the offer and the rules and
 6360  regulations of the agency making the offer.
 6361         (b) Whenever any person, firm, or corporation offers to the
 6362  state or to any political subdivision thereof services,
 6363  equipment, supplies, materials, or funds by way of gift, grant,
 6364  loan, or other agreement for the purpose of emergency
 6365  management, the state, acting through the office division, or
 6366  such political subdivision, acting through its governing body or
 6367  a local emergency management agency, may accept such offer. Upon
 6368  such acceptance, the office division or the presiding officer or
 6369  governing body of the political subdivision may authorize
 6370  receipt of the gift, grant, or loan on behalf of the state or
 6371  such political subdivision, subject to the terms of the offer.
 6372         Section 96. Section 252.371, Florida Statutes, is amended
 6373  to read:
 6374         252.371 Emergency Management, Preparedness, and Assistance
 6375  Trust Fund.—There is created the Emergency Management,
 6376  Preparedness, and Assistance Trust Fund to be administered by
 6377  the office Department of Community Affairs.
 6378         Section 97. Subsections (1) and (3) of section 252.373,
 6379  Florida Statutes, are amended to read:
 6380         252.373 Allocation of funds; rules.—
 6381         (1) Funds appropriated from the Emergency Management,
 6382  Preparedness, and Assistance Trust Fund shall be allocated by
 6383  the office Department of Community Affairs for the following
 6384  purposes:
 6385         (a) To implement and administer state and local emergency
 6386  management programs, including administration, training, and
 6387  operations.
 6388         (b) For grants and loans to state or regional agencies,
 6389  local governments, and private organizations to implement
 6390  projects that will further state and local emergency management
 6391  objectives. These projects must include, but need not be limited
 6392  to, projects that will promote public education on disaster
 6393  preparedness and recovery issues, enhance coordination of relief
 6394  efforts of statewide private sector organizations, and improve
 6395  the training and operations capabilities of agencies assigned
 6396  lead or support responsibilities in the state comprehensive
 6397  emergency management plan, including the State Fire Marshal’s
 6398  Office for coordinating the Florida fire services. The office
 6399  division shall establish criteria and procedures for competitive
 6400  allocation of these funds by rule. No more than 5 percent of any
 6401  award made pursuant to this subparagraph may be used for
 6402  administrative expenses. This competitive criteria must give
 6403  priority consideration to hurricane evacuation shelter retrofit
 6404  projects.
 6405         (c) To meet any matching requirements imposed as a
 6406  condition of receiving federal disaster relief assistance.
 6407         (3) If adequate funds are available as determined by the
 6408  office division, every county shall receive funds at least
 6409  sufficient to fund a dedicated, full-time emergency preparedness
 6410  officer position.
 6411         Section 98. Paragraphs (a), (b), and (e) of subsection (1)
 6412  of section 252.38, Florida Statutes, are amended to read:
 6413         252.38 Emergency management powers of political
 6414  subdivisions.—Safeguarding the life and property of its citizens
 6415  is an innate responsibility of the governing body of each
 6416  political subdivision of the state.
 6417         (1) COUNTIES.—
 6418         (a) In order to provide effective and orderly governmental
 6419  control and coordination of emergency operations in emergencies
 6420  within the scope of ss. 252.31-252.90, each county within this
 6421  state shall be within the jurisdiction of, and served by, the
 6422  office division. Except as otherwise provided in ss. 252.31
 6423  252.90, each local emergency management agency shall have
 6424  jurisdiction over and serve an entire county. Unless part of an
 6425  interjurisdictional emergency management agreement entered into
 6426  pursuant to paragraph (3)(b) which is recognized by the Governor
 6427  by executive order or rule, each county must establish and
 6428  maintain such an emergency management agency and shall develop a
 6429  county emergency management plan and program that is coordinated
 6430  and consistent with the state comprehensive emergency management
 6431  plan and program. Counties that are part of an
 6432  interjurisdictional emergency management agreement entered into
 6433  pursuant to paragraph (3)(b) which is recognized by the Governor
 6434  by executive order or rule shall cooperatively develop an
 6435  emergency management plan and program that is coordinated and
 6436  consistent with the state comprehensive emergency management
 6437  plan and program.
 6438         (b) Each county emergency management agency created and
 6439  established pursuant to ss. 252.31-252.90 shall have a director.
 6440  The director must meet the minimum training and education
 6441  qualifications established in a job description approved by the
 6442  county. The director shall be appointed by the board of county
 6443  commissioners or the chief administrative officer of the county,
 6444  as described in chapter 125 or the county charter, if
 6445  applicable, to serve at the pleasure of the appointing
 6446  authority, in conformance with applicable resolutions,
 6447  ordinances, and laws. A county constitutional officer, or an
 6448  employee of a county constitutional officer, may be appointed as
 6449  director following prior notification to the division. Each
 6450  board of county commissioners shall promptly inform the office
 6451  division of the appointment of the director and other personnel.
 6452  Each director has direct responsibility for the organization,
 6453  administration, and operation of the county emergency management
 6454  agency. The director shall coordinate emergency management
 6455  activities, services, and programs within the county and shall
 6456  serve as liaison to the office division and other local
 6457  emergency management agencies and organizations.
 6458         (e) County emergency management agencies may charge and
 6459  collect fees for the review of emergency management plans on
 6460  behalf of external agencies and institutions. Fees must be
 6461  reasonable and may not exceed the cost of providing a review of
 6462  emergency management plans in accordance with fee schedules
 6463  established by the office division.
 6464         Section 99. Subsections (2) and (3) of section 252.385,
 6465  Florida Statutes, are amended to read:
 6466         252.385 Public shelter space.—
 6467         (2)(a) The office division shall administer a program to
 6468  survey existing schools, universities, community colleges, and
 6469  other state-owned, municipally owned, and county-owned public
 6470  buildings and any private facility that the owner, in writing,
 6471  agrees to provide for use as a public hurricane evacuation
 6472  shelter to identify those that are appropriately designed and
 6473  located to serve as such shelters. The owners of the facilities
 6474  must be given the opportunity to participate in the surveys. The
 6475  state university boards of trustees, district school boards,
 6476  community college boards of trustees, and the Department of
 6477  Education are responsible for coordinating and implementing the
 6478  survey of public schools, universities, and community colleges
 6479  with the office division or the local emergency management
 6480  agency.
 6481         (b) By January 31 of each even-numbered year, the office
 6482  division shall prepare and submit a statewide emergency shelter
 6483  plan to the Governor and Cabinet for approval, subject to the
 6484  requirements for approval in s. 1013.37(2). The plan shall
 6485  identify the general location and square footage of special
 6486  needs shelters, by regional planning council region, during the
 6487  next 5 years. The plan shall also include information on the
 6488  availability of shelters that accept pets. The Department of
 6489  Health shall assist the office division in determining the
 6490  estimated need for special needs shelter space and the adequacy
 6491  of facilities to meet the needs of persons with special needs
 6492  based on information from the registries of persons with special
 6493  needs and other information.
 6494         (3) The office division shall annually provide to the
 6495  President of the Senate, the Speaker of the House of
 6496  Representatives, and the Governor a list of facilities
 6497  recommended to be retrofitted using state funds. State funds
 6498  should be maximized and targeted to regional planning council
 6499  regions with hurricane evacuation shelter deficits. Retrofitting
 6500  facilities in regions with public hurricane evacuation shelter
 6501  deficits shall be given first priority and should be completed
 6502  by 2003. All recommended facilities should be retrofitted by
 6503  2008. The owner or lessee of a public hurricane evacuation
 6504  shelter that is included on the list of facilities recommended
 6505  for retrofitting is not required to perform any recommended
 6506  improvements.
 6507         Section 100. Subsection (1) of section 252.40, Florida
 6508  Statutes, is amended to read:
 6509         252.40 Mutual aid arrangements.—
 6510         (1) The governing body of each political subdivision of the
 6511  state is authorized to develop and enter into mutual aid
 6512  agreements within the state for reciprocal emergency aid and
 6513  assistance in case of emergencies too extensive to be dealt with
 6514  unassisted. Copies of such agreements shall be sent to the
 6515  office division. Such agreements shall be consistent with the
 6516  state comprehensive emergency management plan and program, and
 6517  in time of emergency it shall be the duty of each local
 6518  emergency management agency to render assistance in accordance
 6519  with the provisions of such mutual aid agreements to the fullest
 6520  possible extent.
 6521         Section 101. Subsection (1) and paragraph (c) of subsection
 6522  (2) of section 252.41, Florida Statutes, are amended to read:
 6523         252.41 Emergency management support forces.—
 6524         (1) The office division is authorized to provide, within or
 6525  without the state, such support from available personnel,
 6526  equipment, and other resources of state agencies and the
 6527  political subdivisions of the state as may be necessary to
 6528  reinforce emergency management agencies in areas stricken by
 6529  emergency. Such support shall be rendered with due consideration
 6530  of the plans of the Federal Government, this state, the other
 6531  states, and of the criticalness of the existing situation.
 6532  Emergency management support forces shall be called to duty upon
 6533  orders of the office division and shall perform functions in any
 6534  part of the state or, upon the conditions specified in this
 6535  section, in other states.
 6536         (2) Personnel of emergency management support forces while
 6537  on duty, whether within or without the state, shall:
 6538         (c) If they are not employees of the state or a political
 6539  subdivision thereof, they shall be entitled to the same rights
 6540  and immunities as are provided by law for the employees of this
 6541  state and to such compensation as may be fixed by the office
 6542  division. All personnel of emergency management support forces
 6543  shall, while on duty, be subject to the operational control of
 6544  the authority in charge of emergency management activities in
 6545  the area in which they are serving and shall be reimbursed for
 6546  all actual and necessary travel and subsistence expenses to the
 6547  extent of funds available.
 6548         Section 102. Section 252.42, Florida Statutes, is amended
 6549  to read:
 6550         252.42 Government equipment, services, and facilities.—In
 6551  the event of any emergency, the office division may make
 6552  available any equipment, services, or facilities owned or
 6553  organized by the state or its political subdivisions for use in
 6554  the affected area upon request of the duly constituted authority
 6555  of the area or upon the request of any recognized and accredited
 6556  relief agency through such duly constituted authority.
 6557         Section 103. Subsections (2), (4), and (5) of section
 6558  252.43, Florida Statutes, are amended to read:
 6559         252.43 Compensation.—
 6560         (2) Compensation owed for personal services shall be only
 6561  such as may be fixed by the office division.
 6562         (4) Any person claiming compensation for the use, damage,
 6563  loss, or destruction of property under ss. 252.31-252.60 shall
 6564  file a claim therefor with the office division in the form and
 6565  manner that the office division provides.
 6566         (5) Unless the amount of compensation owed on account of
 6567  property damaged, lost, or destroyed is agreed between the
 6568  claimant and the office division, the amount of compensation
 6569  shall be calculated in the same manner as compensation due for a
 6570  taking of property pursuant to the condemnation laws of this
 6571  state.
 6572         Section 104. Subsections (2) and (3) of section 252.44,
 6573  Florida Statutes, are amended to read:
 6574         252.44 Emergency mitigation.—
 6575         (2) The appropriate state agencies, in conjunction with the
 6576  office division, shall keep land uses and construction of
 6577  structures and other facilities under continuing study and
 6578  identify areas which are particularly susceptible to severe land
 6579  shifting, subsidence, flood, or other catastrophic occurrence,
 6580  manmade or natural. The studies under this subsection shall
 6581  concentrate on means of reducing or avoiding the dangers caused
 6582  by these occurrences or the consequences thereof.
 6583         (3) If the office division believes, on the basis of the
 6584  studies or other competent evidence, that an area is susceptible
 6585  to an emergency of catastrophic proportions without adequate
 6586  warning; that existing building standards and land use controls
 6587  in that area are inadequate and could add substantially to the
 6588  magnitude of the emergency; and that changes in zoning
 6589  regulations, other land use regulations, or building
 6590  requirements are essential in order to further the purposes of
 6591  this section, it shall specify the essential changes to the
 6592  Governor. If the Governor upon review of the recommendation
 6593  finds after public hearing that changes are essential, she or he
 6594  shall so recommend to the agencies or political subdivisions
 6595  with jurisdiction over the area and subject matter. If no
 6596  action, or insufficient action, pursuant to her or his
 6597  recommendations is taken within the time specified by the
 6598  Governor, she or he shall so inform the Legislature and request
 6599  legislative action appropriate to mitigate the impact of such an
 6600  emergency.
 6601         Section 105. Subsections (1) and (2) of section 252.46,
 6602  Florida Statutes, are amended to read:
 6603         252.46 Orders and rules.—
 6604         (1) In accordance with the provisions of chapter 120, the
 6605  political subdivisions of the state and other agencies
 6606  designated or appointed by the Governor or in the state
 6607  comprehensive emergency management plan are authorized and
 6608  empowered to make, amend, and rescind such orders and rules as
 6609  are necessary for emergency management purposes and to
 6610  supplement the carrying out of the provisions of ss. 252.31
 6611  252.90, but which are not inconsistent with any orders or rules
 6612  adopted by the office division or by any state agency exercising
 6613  a power delegated to it by the Governor or the office division.
 6614         (2) All orders and rules adopted by the office division or
 6615  any political subdivision or other agency authorized by ss.
 6616  252.31-252.90 to make orders and rules have full force and
 6617  effect of law after adoption in accordance with the provisions
 6618  of chapter 120 in the event of issuance by the office division
 6619  or any state agency or, if promulgated by a political
 6620  subdivision of the state or agency thereof, when filed in the
 6621  office of the clerk or recorder of the political subdivision or
 6622  agency promulgating the same. All existing laws, ordinances, and
 6623  rules inconsistent with the provisions of ss. 252.31-252.90, or
 6624  any order or rule issued under the authority of ss. 252.31
 6625  252.90, shall be suspended during the period of time and to the
 6626  extent that such conflict exists.
 6627         Section 106. Subsection (5) of section 252.55, Florida
 6628  Statutes, is amended to read:
 6629         252.55 Civil Air Patrol, Florida Wing.—
 6630         (5) The wing commander of the Florida Wing of the Civil Air
 6631  Patrol shall biennially furnish the office Bureau of Emergency
 6632  Management a 2-year projection of the goals and objectives of
 6633  the Civil Air Patrol which shall be reported in the office’s
 6634  division’s biennial report submitted pursuant to s. 252.35.
 6635         Section 107. Subsection (3) and paragraph (a) of subsection
 6636  (4) of section 252.60, Florida Statutes, are amended to read:
 6637         252.60 Radiological emergency preparedness.—
 6638         (3) EMERGENCY RESPONSE PLANS.—In addition to the other
 6639  plans required by this chapter, the office division shall
 6640  develop, prepare, test, and implement as needed, in conjunction
 6641  with the appropriate counties and the affected operator, such
 6642  radiological emergency response plans and preparedness
 6643  requirements as may be imposed by the United States Nuclear
 6644  Regulatory Commission or the Federal Emergency Management Agency
 6645  as a requirement for obtaining or continuing the appropriate
 6646  licenses for a commercial nuclear electric generating facility.
 6647         (4) POWERS AND DUTIES.—In implementing the requirements of
 6648  this section, the director of the office secretary of the
 6649  department, or the director’s secretary’s designated
 6650  representative, shall:
 6651         (a) Negotiate and enter into such additional contracts and
 6652  arrangements among the office division, appropriate counties,
 6653  and each operator to provide for the level of funding and the
 6654  respective roles of each in the development, preparation,
 6655  testing, and implementation of the plans.
 6656         Section 108. Section 252.61, Florida Statutes, is amended
 6657  to read:
 6658         252.61 List of persons for contact relating to release of
 6659  toxic substances into atmosphere.—The Office of Emergency
 6660  Management Department of Community Affairs shall maintain a list
 6661  of contact persons after the survey pursuant to s. 403.771 is
 6662  completed.
 6663         Section 109. Section 252.82, Florida Statutes, is amended
 6664  to read:
 6665         252.82 Definitions.—As used in this part:
 6666         (1) “Commission” means the State Hazardous Materials
 6667  Emergency Response Commission created pursuant to s. 301 of
 6668  EPCRA.
 6669         (2) “Committee” means any local emergency planning
 6670  committee established in the state pursuant to s. 301 of EPCRA.
 6671         (3) “Department” means the Department of Community Affairs.
 6672         (3)(4) “Facility” means facility as defined in s. 329 of
 6673  EPCRA. Vehicles placarded according to title 49 Code of Federal
 6674  Regulations are shall not be considered a facility except for
 6675  purposes of s. 304 of EPCRA.
 6676         (4)(5) “Hazardous material” means any hazardous chemical,
 6677  toxic chemical, or extremely hazardous substance, as defined in
 6678  s. 329 of EPCRA.
 6679         (5)(6) “EPCRA” means the Emergency Planning and Community
 6680  Right-to-Know Act of 1986, title III of the Superfund Amendments
 6681  and Reauthorization Act of 1986, Pub. L. No. 99-499, ss. 300
 6682  329, 42 U.S.C. ss. 11001 et seq.; and federal regulations
 6683  adopted thereunder.
 6684         (6) “Office” means the Office of Emergency Management
 6685  within the Executive Office of the Governor.
 6686         (7) “Trust fund” means the Operating Trust Fund of the
 6687  office Department of Community Affairs.
 6688         Section 110. Section 252.83, Florida Statutes, is amended
 6689  to read:
 6690         252.83 Powers and duties of the office department.—
 6691         (1) The office department shall have the authority:
 6692         (a) To coordinate its activities under this part with its
 6693  other emergency management responsibilities, including its
 6694  responsibilities under part I of this chapter, and activities
 6695  and with the related activities of other agencies, keeping
 6696  separate accounts for all activities supported or partially
 6697  supported from the Operating Trust Fund.
 6698         (b) To make rules, with the advice and consent of the
 6699  commission, to implement this part.
 6700         (2) The office department shall provide administrative
 6701  support, including staff, facilities, materials, and services,
 6702  to the commission and shall provide funding to the committees to
 6703  enable the commission and the committees to perform their
 6704  functions under EPCRA and this part.
 6705         (3) The office department and the commission, to the extent
 6706  possible, shall use the emergency planning capabilities of local
 6707  governments to reduce duplication and paperwork to achieve the
 6708  intent of this part. It is the intent of the Legislature that
 6709  this part be implemented in the most cost-efficient manner
 6710  possible, with the least possible financial impact on local
 6711  government and the community.
 6712         Section 111. Subsections (1), (3), (4), and (5) of section
 6713  252.85, Florida Statutes, are amended to read:
 6714         252.85 Fees.—
 6715         (1) Any owner or operator of a facility required under s.
 6716  302 or s. 312 of EPCRA, or by s. 252.87, to submit a
 6717  notification or an annual inventory form to the commission shall
 6718  be required to pay an annual registration fee. The fee for any
 6719  company, including all facilities under common ownership or
 6720  control, shall not be less than $25 nor more than $2,000. The
 6721  office department shall establish a reduced fee, of not less
 6722  than $25 nor more than $500, applicable to any owner or operator
 6723  regulated under part I of chapter 368, chapter 527, or s.
 6724  376.303, which does not have present any extremely hazardous
 6725  substance, as defined by EPCRA, in excess of a threshold
 6726  planning quantity, as established by EPCRA. The office
 6727  department shall establish a reduced fee of not less than $25
 6728  nor more than $1,000, applicable to any owner or operator of a
 6729  facility with a Standard Industrial Classification Code of 01,
 6730  02, or 07, which is eligible for the “routine agricultural use”
 6731  exemption provided in ss. 311 and 312 of EPCRA. The fee under
 6732  this subsection shall be based on the number of employees
 6733  employed within the state at facilities under the common
 6734  ownership or control of such owner or operator, which number
 6735  shall be determined, to the extent possible, in accordance with
 6736  data supplied by Jobs Florida or its tax collection service
 6737  provider the Department of Labor and Employment Security. In
 6738  order to avoid the duplicative reporting of seasonal and
 6739  temporary agricultural employees, fees applicable to owners or
 6740  operators of agricultural facilities, which are eligible for the
 6741  “routine agricultural use” reporting exemption provided in ss.
 6742  311 and 312 of EPCRA, shall be based on employee data which most
 6743  closely reflects such owner or operator’s permanent nonseasonal
 6744  workforce. The office department shall establish by rule the
 6745  date by which the fee is to be paid, as well as a formula or
 6746  method of determining the applicable fee under this subsection
 6747  without regard to the number of facilities under common
 6748  ownership or control. The office department may require owners
 6749  or operators of multiple facilities to demonstrate common
 6750  ownership or control for purposes of this subsection.
 6751         (3) Any owner or operator of a facility that is required to
 6752  submit a report or filing under s. 313 of EPCRA shall pay an
 6753  annual reporting fee not to exceed $150 for those s. 313 EPCRA
 6754  listed substances in effect on January 1, 2005. The office
 6755  department shall establish by rule the date by which the fee is
 6756  to be paid, as well as a formula or method of determining the
 6757  applicable fee under this subsection.
 6758         (4)(a) The office department may assess a late fee for the
 6759  failure to submit a report or filing that substantially complies
 6760  with the requirements of EPCRA or s. 252.87 by the specified
 6761  date or for failure to pay any fee, including any late fee,
 6762  required by this section. This late fee shall be in addition to
 6763  the fee otherwise imposed pursuant to this section. If the
 6764  office department elects to impose a late fee, it shall provide
 6765  the owner or operator with a written notice that identifies the
 6766  specific requirements which have not been met and advises of its
 6767  intent to assess a late fee.
 6768         (b) The office department may impose a late fee, subject to
 6769  the limitations set forth below:
 6770         1. If the report, filing, or fee is submitted within 30
 6771  days after the receipt of the office’s department’s notice, no
 6772  late fee may be assessed.
 6773         2. If the report, filing, or fee is not submitted within 30
 6774  days after the receipt of the office’s department’s notice, the
 6775  office department may impose a late fee in an amount equal to
 6776  the amount of the annual registration fee, filing fee, or s. 313
 6777  fee due, not to exceed $2,000.
 6778         3. If the report, filing, or fee is not submitted within 90
 6779  days after the receipt of the office’s department’s notice, the
 6780  office department may issue a second notice. If the report,
 6781  filing, or fee is not submitted within 30 days after receipt of
 6782  the office’s department’s second notice, the office department
 6783  may assess a second late fee in an amount equal to twice the
 6784  amount of the annual registration fee, filing fee, or s. 313 fee
 6785  due, not to exceed $4,000.
 6786         4. The office department may consider, but is not limited
 6787  to considering, the following factors in assessing late fees:
 6788  good faith attempt to comply; history of noncompliance; ability
 6789  to pay or continue in business; threat to health and safety
 6790  posed by noncompliance; and degree of culpability.
 6791         (5) The office department shall establish by rule the dates
 6792  by which the fee is to be paid, as well as a formula or method
 6793  of determining the facility registration fee and late fee.
 6794         Section 112. Subsections (1) and (3) of section 252.86,
 6795  Florida Statutes, are amended to read:
 6796         252.86 Penalties and remedies.—
 6797         (1) The owner or operator of a facility, an employer, or
 6798  any other person submitting written information pursuant to
 6799  EPCRA or this part to the commission, a committee, or a fire
 6800  department shall be liable for a civil penalty of $5,000 for
 6801  each item of information in the submission that is false, if
 6802  such person knew or should have known the information was false
 6803  or if such person submitted the information with reckless
 6804  disregard of its truth or falsity. The office department may
 6805  institute a civil action in a court of competent jurisdiction to
 6806  impose and recover a civil penalty for the amount indicated in
 6807  this subsection. However, the court may receive evidence in
 6808  mitigation.
 6809         (3) Any provision of s. 325 or s. 326 of EPCRA which
 6810  creates a federal cause of action shall create a corresponding
 6811  cause of action under state law, with jurisdiction in the
 6812  circuit courts. Any provision of s. 325 or s. 326 of EPCRA which
 6813  imposes or authorizes the imposition of a civil penalty by the
 6814  Administrator of the Environmental Protection Agency, or which
 6815  creates a liability to the United States, shall impose or
 6816  authorize the imposition of such a penalty by the office
 6817  department or create such a liability to and for the benefit of
 6818  the state, to be paid into the Operating Trust Fund. Venue shall
 6819  be proper in the county where the violation occurred or where
 6820  the defendant has its principal place of business.
 6821         Section 113. Subsections (4) and (7) of section 252.87,
 6822  Florida Statutes, are amended to read:
 6823         252.87 Supplemental state reporting requirements.—
 6824         (4) Each employer that owns or operates a facility in this
 6825  state at which hazardous materials are present in quantities at
 6826  or above the thresholds established under ss. 311(b) and 312(b)
 6827  of EPCRA shall comply with the reporting requirements of ss. 311
 6828  and 312 of EPCRA. Such employer shall also be responsible for
 6829  notifying the office department, the local emergency planning
 6830  committee, and the local fire department in writing within 30
 6831  days if there is a discontinuance or abandonment of the
 6832  employer’s business activities that could affect any stored
 6833  hazardous materials.
 6834         (7) The office department shall avoid duplicative reporting
 6835  requirements by using utilizing the reporting requirements of
 6836  other state agencies that regulate hazardous materials to the
 6837  extent feasible and shall request the information authorized
 6838  under EPCRA. With the advice and consent of the State Emergency
 6839  Response Commission for Hazardous Materials, the office
 6840  department may require by rule that the maximum daily amount
 6841  entry on the chemical inventory report required under s. 312 of
 6842  EPCRA provide for reporting in estimated actual amounts. The
 6843  office department may also require by rule an entry for the
 6844  Federal Employer Identification Number on this report. To the
 6845  extent feasible, the office department shall encourage and
 6846  accept required information in a form initiated through
 6847  electronic data interchange and shall describe by rule the
 6848  format, manner of execution, and method of electronic
 6849  transmission necessary for using such form. To the extent
 6850  feasible, the Department of Financial Services, the Department
 6851  of Agriculture and Consumer Services, the Department of
 6852  Environmental Protection, the Public Service Commission, the
 6853  Department of Revenue, the Department of Labor and Employment
 6854  Security, and other state agencies which regulate hazardous
 6855  materials shall coordinate with the office department in order
 6856  to avoid duplicative requirements contained in each agency’s
 6857  respective reporting or registration forms. The other state
 6858  agencies that inspect facilities storing hazardous materials and
 6859  suppliers and distributors of covered substances shall assist
 6860  the office department in informing the facility owner or
 6861  operator of the requirements of this part. The office department
 6862  shall provide the other state agencies with the necessary
 6863  information and materials to inform the owners and operators of
 6864  the requirements of this part to ensure that the budgets of
 6865  these agencies are not adversely affected.
 6866         Section 114. Subsection (4) of section 252.88, Florida
 6867  Statutes, is amended to read:
 6868         252.88 Public records.—
 6869         (4) The office department, the commission, and the
 6870  committees shall furnish copies of public records submitted
 6871  under EPCRA or this part, and may charge a fee of $1 per page
 6872  per person per year for over 25 pages of materials copied.
 6873         Section 115. Subsections (3), (8), (9), and (19) of section
 6874  252.936, Florida Statutes, are amended to read:
 6875         252.936 Definitions.—As used in this part, the term:
 6876         (3) “Audit” means a review of information at, a stationary
 6877  source subject to s. 112(r)(7), or submitted by, a stationary
 6878  source subject to s. 112(r)(7), to determine whether that
 6879  stationary source is in compliance with the requirements of this
 6880  part and rules adopted to administer implement this part. Audits
 6881  must include a review of the adequacy of the stationary source’s
 6882  Risk Management Plan, may consist of reviews of information
 6883  submitted to the office department or the United States
 6884  Environmental Protection Agency to determine whether the plan is
 6885  complete or whether revisions to the plan are needed, and the
 6886  reviews may be conducted at the stationary source to confirm
 6887  that information onsite is consistent with reported information.
 6888         (8) “Department” means the Department of Community Affairs.
 6889         (8)(9) “Inspection” means a review of information at a
 6890  stationary source subject to s. 112(r)(7), including
 6891  documentation and operating practices and access to the source
 6892  and to any area where an accidental release could occur, to
 6893  determine whether the stationary source is in compliance with
 6894  the requirements of this part or rules adopted to administer
 6895  implement this part.
 6896         (9) “Office” means the Office of Emergency Management in
 6897  the Executive Office of the Governor.
 6898         (19) “Trust fund” means the Operating Trust Fund of the
 6899  office established in the department’s Division of Emergency
 6900  Management.
 6901         Section 116. Section 252.937, Florida Statutes, is amended
 6902  to read:
 6903         252.937 Office Department powers and duties.—
 6904         (1) The office department has the power and duty to:
 6905         (a)1. Seek delegation from the United States Environmental
 6906  Protection Agency to implement the Accidental Release Prevention
 6907  Program under s. 112(r)(7) of the Clean Air Act and the federal
 6908  implementing regulations for specified sources subject to s.
 6909  112(r)(7) of the Clean Air Act. Implementation for all other
 6910  sources subject to s. 112(r)(7) of the Clean Air Act shall will
 6911  be performed by the United States Environmental Protection
 6912  Agency; and
 6913         2. Ensure the timely submission of Risk Management Plans
 6914  and any subsequent revisions of Risk Management Plans.
 6915         (b) Adopt, modify, and repeal rules, with the advice and
 6916  consent of the commission, necessary to obtain delegation from
 6917  the United States Environmental Protection Agency and to
 6918  administer the s. 112(r)(7) Accidental Release Prevention
 6919  Program in this state for the specified stationary sources with
 6920  no expansion or addition of the regulatory program.
 6921         (c) Make and execute contracts and other agreements
 6922  necessary or convenient to the administration implementation of
 6923  this part.
 6924         (d) Coordinate its activities under this part with its
 6925  other emergency management responsibilities, including its
 6926  responsibilities and activities under parts I, II, and III of
 6927  this chapter and with the related activities of other state and
 6928  local agencies, keeping separate accounts for all activities
 6929  conducted under this part which are supported or partially
 6930  supported from the trust fund.
 6931         (e) Establish, with the advice and consent of the
 6932  commission, a technical assistance and outreach program on or
 6933  before January 31, 1999, to assist owners and operators of
 6934  specified stationary sources subject to s. 112(r)(7) in
 6935  complying with the reporting and fee requirements of this part.
 6936  This program is designed to facilitate and ensure timely
 6937  submission of proper certifications or compliance schedules and
 6938  timely submission and registration of Risk Management Plans and
 6939  revised registrations and Risk Management Plans if when required
 6940  for these sources.
 6941         (f) Make a quarterly report to the State Emergency Response
 6942  Commission on income and expenses for the state’s Accidental
 6943  Release Prevention Program under this part.
 6944         (2) To ensure that this program is self-supporting, the
 6945  office department shall provide administrative support,
 6946  including staff, facilities, materials, and services to
 6947  implement this part for specified stationary sources subject to
 6948  s. 252.939 and shall provide necessary funding to local
 6949  emergency planning committees and county emergency management
 6950  agencies for work performed to implement this part. Each state
 6951  agency with regulatory, inspection, or technical assistance
 6952  programs for specified stationary sources subject to this part
 6953  shall enter into a memorandum of understanding with the office
 6954  department which specifically outlines how each agency’s staff,
 6955  facilities, materials, and services will be used utilized to
 6956  support implementation. At a minimum, these agencies and
 6957  programs include: the Department of Environmental Protection’s
 6958  Division of Air Resources Management and Division of Water
 6959  Resource Management, and the Department of Labor and Employment
 6960  Security’s Division of Safety. It is the Legislature’s intent to
 6961  implement this part as efficiently and economically as possible,
 6962  using existing expertise and resources, if available and
 6963  appropriate.
 6964         (3) To prevent the duplication of investigative efforts and
 6965  resources, the office department, on behalf of the commission,
 6966  shall coordinate with any federal agencies or agents thereof,
 6967  including the federal Chemical Safety and Hazard Investigation
 6968  Board, or its successor, which are performing accidental release
 6969  investigations for specified stationary sources, and may
 6970  coordinate with any agencies of the state which are performing
 6971  accidental release investigations. This accidental release
 6972  investigation coordination is not intended to limit or take the
 6973  place of any individual agency accidental release investigation
 6974  under separate authority.
 6975         (4) To promote efficient administration of this program and
 6976  specified stationary sources, the only the office agency which
 6977  may seek delegation from the United States Environmental
 6978  Protection Agency for this program is the Florida Department of
 6979  Community Affairs. Further, the office may Florida Department of
 6980  Community Affairs shall not delegate this program to any local
 6981  environmental agency.
 6982         Section 117. Section 252.943, Florida Statutes, is amended
 6983  to read:
 6984         252.943 Public records.—
 6985         (1) The office Department of Community Affairs shall
 6986  protect records, reports, or information or particular parts
 6987  thereof, other than release or emissions data, contained in a
 6988  risk management plan from public disclosure pursuant to ss.
 6989  112(r) and 114(c) of the federal Clean Air Act and authorities
 6990  cited therein, based upon a showing satisfactory to the
 6991  Administrator of the United States Environmental Protection
 6992  Agency, by any owner or operator of a stationary source subject
 6993  to the Accidental Release Prevention Program, that public
 6994  release of such records, reports, or information would divulge
 6995  methods or processes entitled to protection as trade secrets as
 6996  provided for in 40 C.F.R. part 2, subpart B. Such records,
 6997  reports, or information held by the office department are
 6998  confidential and exempt from the provisions of s. 119.07(1) and
 6999  s. 24(a), Art. I of the State Constitution, unless a final
 7000  determination has been made by the Administrator of the
 7001  Environmental Protection Agency that such records, reports, or
 7002  information are not entitled to trade secret protection, or
 7003  pursuant to an order of court.
 7004         (2) The office department shall protect records, reports,
 7005  or information or particular parts thereof, other than release
 7006  or emissions data, obtained from an investigation, inspection,
 7007  or audit from public disclosure pursuant to ss. 112(r) and
 7008  114(c) of the federal Clean Air Act and authorities cited
 7009  therein, based upon a showing satisfactory to the Administrator
 7010  of the United States Environmental Protection Agency, by any
 7011  owner or operator of a stationary source subject to the
 7012  Accidental Release Prevention Program, that public release of
 7013  such records, reports, or information would divulge methods or
 7014  processes entitled to protection as trade secrets as provided
 7015  for in 40 C.F.R. part 2, subpart B. Such records, reports, or
 7016  information held by the office department are confidential and
 7017  exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I
 7018  of the State Constitution, unless a final determination has been
 7019  made by the Administrator of the Environmental Protection Agency
 7020  that such records, reports, or information are not entitled to
 7021  trade secret protection, or pursuant to a court an order of
 7022  court.
 7023         Section 118. Section 252.946, Florida Statutes, is amended
 7024  to read:
 7025         252.946 Public records.—With regard to information
 7026  submitted to the United States Environmental Protection Agency
 7027  under this part or s. 112(r)(7), the office department of
 7028  Community Affairs, the State Hazardous Materials Emergency
 7029  Response Commission, and any local emergency planning committee
 7030  may assist persons in electronically accessing such information
 7031  held by the United States Environmental Protection Agency in its
 7032  centralized database. If requested, the office department, the
 7033  commission, or a committee may furnish copies of such United
 7034  States Environmental Protection Agency records.
 7035         Section 119. Paragraph (b) of subsection (1) of section
 7036  255.099, Florida Statutes, is amended to read:
 7037         255.099 Preference to state residents.—
 7038         (1) Each contract for construction that is funded by state
 7039  funds must contain a provision requiring the contractor to give
 7040  preference to the employment of state residents in the
 7041  performance of the work on the project if state residents have
 7042  substantially equal qualifications to those of nonresidents. A
 7043  contract for construction funded by local funds may contain such
 7044  a provision.
 7045         (b) A contractor required to employ state residents must
 7046  contact Jobs Florida the Agency for Workforce Innovation to post
 7047  the contractor’s employment needs in the state’s job bank
 7048  system.
 7049         Section 120. Paragraph (b) of subsection (1) of section
 7050  259.035, Florida Statutes, is amended to read:
 7051         259.035 Acquisition and Restoration Council.—
 7052         (1) There is created the Acquisition and Restoration
 7053  Council.
 7054         (b) The four five remaining appointees shall be composed of
 7055  the Secretary of Environmental Protection, the director of the
 7056  Division of Forestry of the Department of Agriculture and
 7057  Consumer Services, the executive director of the Fish and
 7058  Wildlife Conservation Commission, and the director of the
 7059  Division of Historical Resources of the Department of State, and
 7060  the secretary of the Department of Community Affairs, or their
 7061  respective designees.
 7062         Section 121. Paragraph (d) of subsection (1) of section
 7063  260.0142, Florida Statutes, is amended to read:
 7064         260.0142 Florida Greenways and Trails Council; composition;
 7065  powers and duties.—
 7066         (1) There is created within the department the Florida
 7067  Greenways and Trails Council which shall advise the department
 7068  in the execution of the department’s powers and duties under
 7069  this chapter. The council shall be composed of 20 21 members,
 7070  consisting of:
 7071         (d) The 9 10 remaining members shall include:
 7072         1. The Secretary of Environmental Protection or a designee.
 7073         2. The executive director of the Fish and Wildlife
 7074  Conservation Commission or a designee.
 7075         3. The Secretary of Community Affairs or a designee.
 7076         3.4. The Secretary of Transportation or a designee.
 7077         4.5. The Director of the Division of Forestry of the
 7078  Department of Agriculture and Consumer Services or a designee.
 7079         5.6. The director of the Division of Historical Resources
 7080  of the Department of State or a designee.
 7081         6.7. A representative of the water management districts.
 7082  Membership on the council shall rotate among the five districts.
 7083  The districts shall determine the order of rotation.
 7084         7.8. A representative of a federal land management agency.
 7085  The Secretary of Environmental Protection shall identify the
 7086  appropriate federal agency and request designation of a
 7087  representative from the agency to serve on the council.
 7088         8.9. A representative of the regional planning councils to
 7089  be appointed by the Secretary of Environmental Protection in
 7090  consultation with the Secretary of Community Affairs. Membership
 7091  on the council shall rotate among the seven regional planning
 7092  councils. The regional planning councils shall determine the
 7093  order of rotation.
 7094         9.10. A representative of local governments to be appointed
 7095  by the Secretary of Environmental Protection in consultation
 7096  with the Secretary of Community Affairs. Membership shall
 7097  alternate between a county representative and a municipal
 7098  representative.
 7099         Section 122. Section 272.11, Florida Statutes, is amended
 7100  to read:
 7101         272.11 Capitol information center.—The Jobs Florida
 7102  Partnership, Inc., Florida Commission on Tourism shall
 7103  establish, maintain, and operate a Capitol information center
 7104  somewhere within the area of the Capitol Center and employ
 7105  personnel or enter into contracts to maintain same.
 7106         Section 123. Paragraph (a) of subsection (4) of section
 7107  282.34, Florida Statutes, is amended to read:
 7108         282.34 Statewide e-mail service.—A state e-mail system that
 7109  includes the delivery and support of e-mail, messaging, and
 7110  calendaring capabilities is established as an enterprise
 7111  information technology service as defined in s. 282.0041. The
 7112  service shall be designed to meet the needs of all executive
 7113  branch agencies. The primary goals of the service are to
 7114  minimize the state investment required to establish, operate,
 7115  and support the statewide service; reduce the cost of current e
 7116  mail operations and the number of duplicative e-mail systems;
 7117  and eliminate the need for each state agency to maintain its own
 7118  e-mail staff.
 7119         (4) All agencies must be completely migrated to the
 7120  statewide e-mail service as soon as financially and
 7121  operationally feasible, but no later than June 30, 2015.
 7122         (a) The following statewide e-mail service implementation
 7123  schedule is established for state agencies:
 7124         1. Phase 1.—The following agencies must be completely
 7125  migrated to the statewide e-mail system by June 30, 2012: the
 7126  Agency for Enterprise Information Technology; the Department of
 7127  Community Affairs, including the Division of Emergency
 7128  Management; the Department of Corrections; the Department of
 7129  Health; the Department of Highway Safety and Motor Vehicles; the
 7130  Department of Management Services, including the Division of
 7131  Administrative Hearings, the Division of Retirement, the
 7132  Commission on Human Relations, and the Public Employees
 7133  Relations Commission; the Southwood Shared Resource Center; and
 7134  the Department of Revenue.
 7135         2. Phase 2.—The following agencies must be completely
 7136  migrated to the statewide e-mail system by June 30, 2013: the
 7137  Department of Business and Professional Regulation; the
 7138  Department of Education, including the Board of Governors; the
 7139  Department of Environmental Protection; the Department of
 7140  Juvenile Justice; the Department of the Lottery; the Department
 7141  of State; the Department of Law Enforcement; the Department of
 7142  Veterans’ Affairs; the Judicial Administration Commission; the
 7143  Public Service Commission; and the Statewide Guardian Ad Litem
 7144  Office.
 7145         3. Phase 3.—The following agencies must be completely
 7146  migrated to the statewide e-mail system by June 30, 2014: the
 7147  Agency for Health Care Administration; the Agency for Workforce
 7148  Innovation; the Department of Financial Services, including the
 7149  Office of Financial Regulation and the Office of Insurance
 7150  Regulation; the Department of Agriculture and Consumer Services;
 7151  the Executive Office of the Governor, including the Office of
 7152  Emergency Management; the Department of Transportation; the Fish
 7153  and Wildlife Conservation Commission; the Agency for Persons
 7154  With Disabilities; the Northwood Shared Resource Center; and the
 7155  State Board of Administration.
 7156         4. Phase 4.—The following agencies must be completely
 7157  migrated to the statewide e-mail system by June 30, 2015: the
 7158  Department of Children and Family Services; the Department of
 7159  Citrus; the Department of Elderly Affairs; and the Department of
 7160  Legal Affairs.
 7161         Section 124. Paragraphs (a) and (d) of subsection (1) and
 7162  subsection (4) of section 282.709, Florida Statutes, are amended
 7163  to read:
 7164         282.709 State agency law enforcement radio system and
 7165  interoperability network.—
 7166         (1) The department may acquire and administer a statewide
 7167  radio communications system to serve law enforcement units of
 7168  state agencies, and to serve local law enforcement agencies
 7169  through mutual aid channels.
 7170         (a) The department shall, in conjunction with the
 7171  Department of Law Enforcement and the Office Division of
 7172  Emergency Management of the Department of Community Affairs,
 7173  establish policies, procedures, and standards to be incorporated
 7174  into a comprehensive management plan for the use and operation
 7175  of the statewide radio communications system.
 7176         (d) The department shall exercise its powers and duties
 7177  under this part to plan, manage, and administer the mutual aid
 7178  channels in the statewide radio communication system.
 7179         1. In implementing such powers and duties, the department
 7180  shall consult and act in conjunction with the Department of Law
 7181  Enforcement and the Office Division of Emergency Management of
 7182  the Department of Community Affairs, and shall manage and
 7183  administer the mutual aid channels in a manner that reasonably
 7184  addresses the needs and concerns of the involved law enforcement
 7185  agencies and emergency response agencies and entities.
 7186         2. The department may make the mutual aid channels
 7187  available to federal agencies, state agencies, and agencies of
 7188  the political subdivisions of the state for the purpose of
 7189  public safety and domestic security.
 7190         (4) The department may create and administer an
 7191  interoperability network to enable interoperability between
 7192  various radio communications technologies and to serve federal
 7193  agencies, state agencies, and agencies of political subdivisions
 7194  of the state for the purpose of public safety and domestic
 7195  security.
 7196         (a) The department shall, in conjunction with the
 7197  Department of Law Enforcement and the Office Division of
 7198  Emergency Management of the Department of Community Affairs,
 7199  exercise its powers and duties pursuant to this chapter to plan,
 7200  manage, and administer the interoperability network. The office
 7201  may:
 7202         1. Enter into mutual aid agreements among federal agencies,
 7203  state agencies, and political subdivisions of the state for the
 7204  use of the interoperability network.
 7205         2. Establish the cost of maintenance and operation of the
 7206  interoperability network and charge subscribing federal and
 7207  local law enforcement agencies for access and use of the
 7208  network. The department may not charge state law enforcement
 7209  agencies identified in paragraph (2)(a) to use the network.
 7210         3. In consultation with the Department of Law Enforcement
 7211  and the Office Division of Emergency Management of the
 7212  Department of Community Affairs, amend and enhance the statewide
 7213  radio communications system as necessary to implement the
 7214  interoperability network.
 7215         (b) The department, in consultation with the Joint Task
 7216  Force on State Agency Law Enforcement Communications, and in
 7217  conjunction with the Department of Law Enforcement and the
 7218  Office Division of Emergency Management of the Department of
 7219  Community Affairs, shall establish policies, procedures, and
 7220  standards to incorporate into a comprehensive management plan
 7221  for the use and operation of the interoperability network.
 7222         Section 125. Section 287.09431, Florida Statutes, is
 7223  amended to read:
 7224         287.09431 Statewide and interlocal agreement on
 7225  certification of business concerns for the status of minority
 7226  business enterprise.—The statewide and interlocal agreement on
 7227  certification of business concerns for the status of minority
 7228  business enterprise is hereby enacted and entered into with all
 7229  jurisdictions or organizations legally joining therein. If,
 7230  within 2 years from the date that the certification core
 7231  criteria are approved by the Department of Management Services
 7232  Department of Labor and Employment Security, the agreement
 7233  included herein is not executed by a majority of county and
 7234  municipal governing bodies that administer a minority business
 7235  assistance program on the effective date of this act, then the
 7236  Legislature shall review this agreement. It is the intent of the
 7237  Legislature that if the agreement is not executed by a majority
 7238  of the requisite governing bodies, then a statewide uniform
 7239  certification process should be adopted, and that said agreement
 7240  should be repealed and replaced by a mandatory state government
 7241  certification process.
 7242  
 7243                              ARTICLE I                            
 7244  
 7245         PURPOSE, FINDINGS, AND POLICY.—
 7246         (1) The parties to this agreement, desiring by common
 7247  action to establish a uniform certification process in order to
 7248  reduce the multiplicity of applications by business concerns to
 7249  state and local governmental programs for minority business
 7250  assistance, declare that it is the policy of each of them, on
 7251  the basis of cooperation with one another, to remedy social and
 7252  economic disadvantage suffered by certain groups, resulting in
 7253  their being historically underutilized in ownership and control
 7254  of commercial enterprises. Thus, the parties seek to address
 7255  this history by increasing the participation of the identified
 7256  groups in opportunities afforded by government procurement.
 7257         (2) The parties find that the State of Florida presently
 7258  certifies firms for participation in the minority business
 7259  assistance programs of the state. The parties find further that
 7260  some counties, municipalities, school boards, special districts,
 7261  and other divisions of local government require a separate, yet
 7262  similar, and in most cases redundant certification in order for
 7263  businesses to participate in the programs sponsored by each
 7264  government entity.
 7265         (3) The parties find further that this redundant
 7266  certification has proven to be unduly burdensome to the
 7267  minority-owned firms intended to benefit from the underlying
 7268  purchasing incentives.
 7269         (4) The parties agree that:
 7270         (a) They will facilitate integrity, stability, and
 7271  cooperation in the statewide and interlocal certification
 7272  process, and in other elements of programs established to assist
 7273  minority-owned businesses.
 7274         (b) They shall cooperate with agencies, organizations, and
 7275  associations interested in certification and other elements of
 7276  minority business assistance.
 7277         (c) It is the purpose of this agreement to provide for a
 7278  uniform process whereby the status of a business concern may be
 7279  determined in a singular review of the business information for
 7280  these purposes, in order to eliminate any undue expense, delay,
 7281  or confusion to the minority-owned businesses in seeking to
 7282  participate in the minority business assistance programs of
 7283  state and local jurisdictions.
 7284  
 7285                             ARTICLE II                            
 7286  
 7287         DEFINITIONS.—As used in this agreement and contracts made
 7288  pursuant to it, unless the context clearly requires otherwise:
 7289         (1) “Awarding organization” means any political subdivision
 7290  or organization authorized by law, ordinance, or agreement to
 7291  enter into contracts and for which the governing body has
 7292  entered into this agreement.
 7293         (2) “Department” means the Department of Management
 7294  Services Department of Labor and Employment Security.
 7295         (3) “Minority” means a person who is a lawful, permanent
 7296  resident of the state, having origins in one of the minority
 7297  groups as described and adopted by the Department of Management
 7298  Services Department of Labor and Employment Security, hereby
 7299  incorporated by reference.
 7300         (4) “Minority business enterprise” means any small business
 7301  concern as defined in subsection (6) that meets all of the
 7302  criteria described and adopted by the Department of Management
 7303  Services Department of Labor and Employment Security, hereby
 7304  incorporated by reference.
 7305         (5) “Participating state or local organization” means any
 7306  political subdivision of the state or organization designated by
 7307  such that elects to participate in the certification process
 7308  pursuant to this agreement, which has been approved according to
 7309  s. 287.0943(3) and has legally entered into this agreement.
 7310         (6) “Small business concern” means an independently owned
 7311  and operated business concern which is of a size and type as
 7312  described and adopted by vote related to this agreement of the
 7313  commission, hereby incorporated by reference.
 7314  
 7315                             ARTICLE III                           
 7316  
 7317         STATEWIDE AND INTERLOCAL CERTIFICATIONS.—
 7318         (1) All awarding organizations shall accept a certification
 7319  granted by any participating organization which has been
 7320  approved according to s. 287.0943(3) and has entered into this
 7321  agreement, as valid status of minority business enterprise.
 7322         (2) A participating organization shall certify a business
 7323  concern that meets the definition of minority business
 7324  enterprise in this agreement, in accordance with the duly
 7325  adopted eligibility criteria.
 7326         (3) All participating organizations shall issue notice of
 7327  certification decisions granting or denying certification to all
 7328  other participating organizations within 14 days of the
 7329  decision. Such notice may be made through electronic media.
 7330         (4) No certification will be granted without an onsite
 7331  visit to verify ownership and control of the prospective
 7332  minority business enterprise, unless verification can be
 7333  accomplished by other methods of adequate verification or
 7334  assessment of ownership and control.
 7335         (5) The certification of a minority business enterprise
 7336  pursuant to the terms of this agreement shall not be suspended,
 7337  revoked, or otherwise impaired except on any grounds which would
 7338  be sufficient for revocation or suspension of a certification in
 7339  the jurisdiction of the participating organization.
 7340         (6) The certification determination of a party may be
 7341  challenged by any other participating organization by the
 7342  issuance of a timely written notice by the challenging
 7343  organization to the certifying organization’s determination
 7344  within 10 days of receiving notice of the certification
 7345  decision, stating the grounds therefor.
 7346         (7) The sole accepted grounds for challenge shall be the
 7347  failure of the certifying organization to adhere to the adopted
 7348  criteria or the certifying organization’s rules or procedures,
 7349  or the perpetuation of a misrepresentation or fraud by the firm.
 7350         (8) The certifying organization shall reexamine its
 7351  certification determination and submit written notice to the
 7352  applicant and the challenging organization of its findings
 7353  within 30 days after the receipt of the notice of challenge.
 7354         (9) If the certification determination is affirmed, the
 7355  challenging agency may subsequently submit timely written notice
 7356  to the firm of its intent to revoke certification of the firm.
 7357  
 7358                             ARTICLE IV                            
 7359  
 7360         APPROVED AND ACCEPTED PROGRAMS.—Nothing in this agreement
 7361  shall be construed to repeal or otherwise modify any ordinance,
 7362  law, or regulation of a party relating to the existing minority
 7363  business assistance provisions and procedures by which minority
 7364  business enterprises participate therein.
 7365  
 7366                              ARTICLE V                            
 7367  
 7368         TERM.—The term of the agreement shall be 5 years, after
 7369  which it may be reexecuted by the parties.
 7370  
 7371                             ARTICLE VI                            
 7372  
 7373         AGREEMENT EVALUATION.—The designated state and local
 7374  officials may meet from time to time as a group to evaluate
 7375  progress under the agreement, to formulate recommendations for
 7376  changes, or to propose a new agreement.
 7377  
 7378                             ARTICLE VII                           
 7379  
 7380         OTHER ARRANGEMENTS.—Nothing in this agreement shall be
 7381  construed to prevent or inhibit other arrangements or practices
 7382  of any party in order to comply with federal law.
 7383  
 7384                            ARTICLE VIII                           
 7385  
 7386         EFFECT AND WITHDRAWAL.—
 7387         (1) This agreement shall become effective when properly
 7388  executed by a legal representative of the participating
 7389  organization, when enacted into the law of the state and after
 7390  an ordinance or other legislation is enacted into law by the
 7391  governing body of each participating organization. Thereafter it
 7392  shall become effective as to any participating organization upon
 7393  the enactment of this agreement by the governing body of that
 7394  organization.
 7395         (2) Any party may withdraw from this agreement by enacting
 7396  legislation repealing the same, but no such withdrawal shall
 7397  take effect until one year after the governing body of the
 7398  withdrawing party has given notice in writing of the withdrawal
 7399  to the other parties.
 7400         (3) No withdrawal shall relieve the withdrawing party of
 7401  any obligations imposed upon it by law.
 7402  
 7403                             ARTICLE IX                            
 7404  
 7405         FINANCIAL RESPONSIBILITY.—
 7406         (1) A participating organization shall not be financially
 7407  responsible or liable for the obligations of any other
 7408  participating organization related to this agreement.
 7409         (2) The provisions of this agreement shall constitute
 7410  neither a waiver of any governmental immunity under Florida law
 7411  nor a waiver of any defenses of the parties under Florida law.
 7412  The provisions of this agreement are solely for the benefit of
 7413  its executors and not intended to create or grant any rights,
 7414  contractual or otherwise, to any person or entity.
 7415  
 7416                              ARTICLE X                            
 7417  
 7418         VENUE AND GOVERNING LAW.—The obligations of the parties to
 7419  this agreement are performable only within the county where the
 7420  participating organization is located, and statewide for the
 7421  Office of Supplier Diversity, and venue for any legal action in
 7422  connection with this agreement shall lie, for any participating
 7423  organization except the Office of Supplier Diversity,
 7424  exclusively in the county where the participating organization
 7425  is located. This agreement shall be governed by and construed in
 7426  accordance with the laws and court decisions of the state.
 7427  
 7428                             ARTICLE XI                            
 7429  
 7430         CONSTRUCTION AND SEVERABILITY.—This agreement shall be
 7431  liberally construed so as to effectuate the purposes thereof.
 7432  The provisions of this agreement shall be severable and if any
 7433  phrase, clause, sentence, or provision of this agreement is
 7434  declared to be contrary to the State Constitution or the United
 7435  States Constitution, or the application thereof to any
 7436  government, agency, person, or circumstance is held invalid, the
 7437  validity of the remainder of this agreement and the
 7438  applicability thereof to any government, agency, person, or
 7439  circumstance shall not be affected thereby. If this agreement
 7440  shall be held contrary to the State Constitution, the agreement
 7441  shall remain in full force and effect as to all severable
 7442  matters.
 7443         Section 126. Paragraphs (h) and (o) of subsection (4) of
 7444  section 287.09451, Florida Statutes, are amended to read:
 7445         287.09451 Office of Supplier Diversity; powers, duties, and
 7446  functions.—
 7447         (4) The Office of Supplier Diversity shall have the
 7448  following powers, duties, and functions:
 7449         (h) To develop procedures to investigate complaints against
 7450  minority business enterprises or contractors alleged to violate
 7451  any provision related to this section or s. 287.0943, that may
 7452  include visits to worksites or business premises, and to refer
 7453  all information on businesses suspected of misrepresenting
 7454  minority status to the Department of Management Services for
 7455  investigation. When an investigation is completed and there is
 7456  reason to believe that a violation has occurred, the Department
 7457  of Labor and Employment Security shall refer the matter shall be
 7458  referred to the office of the Attorney General, Department of
 7459  Legal Affairs, for prosecution.
 7460         (o)1. To establish a system to record and measure the use
 7461  of certified minority business enterprises in state contracting.
 7462  This system shall maintain information and statistics on
 7463  certified minority business enterprise participation, awards,
 7464  dollar volume of expenditures and agency goals, and other
 7465  appropriate types of information to analyze progress in the
 7466  access of certified minority business enterprises to state
 7467  contracts and to monitor agency compliance with this section.
 7468  Such reporting must include, but is not limited to, the
 7469  identification of all subcontracts in state contracting by
 7470  dollar amount and by number of subcontracts and the
 7471  identification of the utilization of certified minority business
 7472  enterprises as prime contractors and subcontractors by dollar
 7473  amounts of contracts and subcontracts, number of contracts and
 7474  subcontracts, minority status, industry, and any conditions or
 7475  circumstances that significantly affected the performance of
 7476  subcontractors. Agencies shall report their compliance with the
 7477  requirements of this reporting system at least annually and at
 7478  the request of the office. All agencies shall cooperate with the
 7479  office in establishing this reporting system. Except in
 7480  construction contracting, all agencies shall review contracts
 7481  costing in excess of CATEGORY FOUR as defined in s. 287.017 to
 7482  determine if such contracts could be divided into smaller
 7483  contracts to be separately solicited and awarded, and shall,
 7484  when economical, offer such smaller contracts to encourage
 7485  minority participation.
 7486         2. To report agency compliance with the provisions of
 7487  subparagraph 1. for the preceding fiscal year to the Governor
 7488  and Cabinet, the President of the Senate, and the Speaker of the
 7489  House of Representatives, and the secretary of the Department of
 7490  Labor and Employment Security on or before February 1 of each
 7491  year. The report must contain, at a minimum, the following:
 7492         a. Total expenditures of each agency by industry.
 7493         b. The dollar amount and percentage of contracts awarded to
 7494  certified minority business enterprises by each state agency.
 7495         c. The dollar amount and percentage of contracts awarded
 7496  indirectly to certified minority business enterprises as
 7497  subcontractors by each state agency.
 7498         d. The total dollar amount and percentage of contracts
 7499  awarded to certified minority business enterprises, whether
 7500  directly or indirectly, as subcontractors.
 7501         e. A statement and assessment of good faith efforts taken
 7502  by each state agency.
 7503         f. A status report of agency compliance with subsection
 7504  (6), as determined by the Minority Business Enterprise Office.
 7505         Section 127. Subsections (1) and (5) of section 287.0947,
 7506  Florida Statutes, are amended to read:
 7507         287.0947 Florida Advisory Council on Small and Minority
 7508  Business Development; creation; membership; duties.—
 7509         (1) On or after October 1, 1996, The Secretary of
 7510  Management Services the Department of Labor and Employment
 7511  Security may create the Florida Advisory Council on Small and
 7512  Minority Business Development with the purpose of advising and
 7513  assisting the secretary in carrying out the secretary’s duties
 7514  with respect to minority businesses and economic and business
 7515  development. It is the intent of the Legislature that the
 7516  membership of such council include practitioners, laypersons,
 7517  financiers, and others with business development experience who
 7518  can provide invaluable insight and expertise for this state in
 7519  the diversification of its markets and networking of business
 7520  opportunities. The council shall initially consist of 19
 7521  persons, each of whom is or has been actively engaged in small
 7522  and minority business development, either in private industry,
 7523  in governmental service, or as a scholar of recognized
 7524  achievement in the study of such matters. Initially, the council
 7525  shall consist of members representing all regions of the state
 7526  and shall include at least one member from each group identified
 7527  within the definition of “minority person” in s. 288.703(3),
 7528  considering also gender and nationality subgroups, and shall
 7529  consist of the following:
 7530         (a) Four members consisting of representatives of local and
 7531  federal small and minority business assistance programs or
 7532  community development programs.
 7533         (b) Eight members composed of representatives of the
 7534  minority private business sector, including certified minority
 7535  business enterprises and minority supplier development councils,
 7536  among whom at least two shall be women and at least four shall
 7537  be minority persons.
 7538         (c) Two representatives of local government, one of whom
 7539  shall be a representative of a large local government, and one
 7540  of whom shall be a representative of a small local government.
 7541         (d) Two representatives from the banking and insurance
 7542  industry.
 7543         (e) Two members from the private business sector,
 7544  representing the construction and commodities industries.
 7545         (f) A member from the board of directors of the Jobs
 7546  Florida Partnership, Inc The chairperson of the Florida Black
 7547  Business Investment Board or the chairperson’s designee.
 7548  
 7549  A candidate for appointment may be considered if eligible to be
 7550  certified as an owner of a minority business enterprise, or if
 7551  otherwise qualified under the criteria above. Vacancies may be
 7552  filled by appointment of the secretary, in the manner of the
 7553  original appointment.
 7554         (5) The powers and duties of the council include, but are
 7555  not limited to: researching and reviewing the role of small and
 7556  minority businesses in the state’s economy; reviewing issues and
 7557  emerging topics relating to small and minority business economic
 7558  development; studying the ability of financial markets and
 7559  institutions to meet small business credit needs and determining
 7560  the impact of government demands on credit for small businesses;
 7561  assessing the implementation of s. 187.201(21) 187.201(22),
 7562  requiring a state economic development comprehensive plan, as it
 7563  relates to small and minority businesses; assessing the
 7564  reasonableness and effectiveness of efforts by any state agency
 7565  or by all state agencies collectively to assist minority
 7566  business enterprises; and advising the Governor, the secretary,
 7567  and the Legislature on matters relating to small and minority
 7568  business development which are of importance to the
 7569  international strategic planning and activities of this state.
 7570         Section 128. Section 288.012, Florida Statutes, is amended
 7571  to read:
 7572         288.012 State of Florida international foreign offices.—The
 7573  Legislature finds that the expansion of international trade and
 7574  tourism is vital to the overall health and growth of the economy
 7575  of this state. This expansion is hampered by the lack of
 7576  technical and business assistance, financial assistance, and
 7577  information services for businesses in this state. The
 7578  Legislature finds that these businesses could be assisted by
 7579  providing these services at State of Florida international
 7580  foreign offices. The Legislature further finds that the
 7581  accessibility and provision of services at these offices can be
 7582  enhanced through cooperative agreements or strategic alliances
 7583  between private businesses and state entities, local entities,
 7584  and international governmental foreign entities, and private
 7585  businesses.
 7586         (1) Jobs Florida The Office of Tourism, Trade, and Economic
 7587  Development is authorized to:
 7588         (a) Establish and operate offices in other foreign
 7589  countries for the purpose of promoting the trade and economic
 7590  development opportunities of the state, and promoting the
 7591  gathering of trade data information and research on trade
 7592  opportunities in specific countries.
 7593         (b) Enter into agreements with governmental and private
 7594  sector entities to establish and operate offices in other
 7595  foreign countries containing provisions which may be in conflict
 7596  with general laws of the state pertaining to the purchase of
 7597  office space, employment of personnel, and contracts for
 7598  services. When agreements pursuant to this section are made
 7599  which set compensation in foreign currency, such agreements
 7600  shall be subject to the requirements of s. 215.425, but the
 7601  purchase of foreign currency by Jobs Florida the Office of
 7602  Tourism, Trade, and Economic Development to meet such
 7603  obligations shall be subject only to s. 216.311.
 7604         (2) Each international foreign office shall have in place
 7605  an operational plan approved by the participating boards or
 7606  other governing authority, a copy of which shall be provided to
 7607  Jobs Florida the Office of Tourism, Trade, and Economic
 7608  Development. These operating plans shall be reviewed and updated
 7609  each fiscal year and shall include, at a minimum, the following:
 7610         (a) Specific policies and procedures encompassing the
 7611  entire scope of the operation and management of each office.
 7612         (b) A comprehensive, commercial strategic plan identifying
 7613  marketing opportunities and industry sector priorities for the
 7614  foreign country or area in which an international a foreign
 7615  office is located.
 7616         (c) Provisions for access to information for Florida
 7617  businesses through the Florida Trade Data Center. Each
 7618  international foreign office shall obtain and forward trade
 7619  leads and inquiries to the center on a regular basis.
 7620         (d) Identification of new and emerging market opportunities
 7621  for Florida businesses. Each international foreign office shall
 7622  provide the Florida Trade Data Center with a compilation of
 7623  foreign buyers and importers in industry sector priority areas
 7624  on an annual basis. In return, the Florida Trade Data Center
 7625  shall make available to each international foreign office, and
 7626  to the Jobs Florida Partnership Enterprise Florida, Inc., the
 7627  Florida Commission on Tourism, the Florida Ports Council, the
 7628  Department of State, the Department of Citrus, and the
 7629  Department of Agriculture and Consumer Services, trade industry,
 7630  commodity, and opportunity information. This information shall
 7631  be provided to such offices and entities either free of charge
 7632  or on a fee basis with fees set only to recover the costs of
 7633  providing the information.
 7634         (e) Provision of access for Florida businesses to the
 7635  services of the Florida Trade Data Center, international trade
 7636  assistance services provided by state and local entities,
 7637  seaport and airport information, and other services identified
 7638  by Jobs Florida the Office of Tourism, Trade, and Economic
 7639  Development.
 7640         (f) Qualitative and quantitative performance measures for
 7641  each office, including, but not limited to, the number of
 7642  businesses assisted, the number of trade leads and inquiries
 7643  generated, the number of international foreign buyers and
 7644  importers contacted, and the amount and type of marketing
 7645  conducted.
 7646         (3) By October 1 of each year, each international foreign
 7647  office shall submit to Jobs Florida the Office of Tourism,
 7648  Trade, and Economic Development a complete and detailed report
 7649  on its activities and accomplishments during the preceding
 7650  fiscal year. In a format provided by the Jobs Florida
 7651  Partnership Enterprise Florida, Inc., the report must set forth
 7652  information on:
 7653         (a) The number of Florida companies assisted.
 7654         (b) The number of inquiries received about investment
 7655  opportunities in this state.
 7656         (c) The number of trade leads generated.
 7657         (d) The number of investment projects announced.
 7658         (e) The estimated U.S. dollar value of sales confirmations.
 7659         (f) The number of representation agreements.
 7660         (g) The number of company consultations.
 7661         (h) Barriers or other issues affecting the effective
 7662  operation of the office.
 7663         (i) Changes in office operations which are planned for the
 7664  current fiscal year.
 7665         (j) Marketing activities conducted.
 7666         (k) Strategic alliances formed with organizations in the
 7667  country in which the office is located.
 7668         (l) Activities conducted with Florida’s other Florida
 7669  international foreign offices.
 7670         (m) Any other information that the office believes would
 7671  contribute to an understanding of its activities.
 7672         (4) Jobs Florida The Office of Tourism, Trade, and Economic
 7673  Development, in connection with the establishment, operation,
 7674  and management of any of its offices located in another a
 7675  foreign country, is exempt from the provisions of ss. 255.21,
 7676  255.25, and 255.254 relating to leasing of buildings; ss. 283.33
 7677  and 283.35 relating to bids for printing; ss. 287.001-287.20
 7678  relating to purchasing and motor vehicles; and ss. 282.003
 7679  282.0056 and 282.702-282.7101 relating to communications, and
 7680  from all statutory provisions relating to state employment.
 7681         (a) Jobs Florida The Office of Tourism, Trade, and Economic
 7682  Development may exercise such exemptions only upon prior
 7683  approval of the Governor.
 7684         (b) If approval for an exemption under this section is
 7685  granted as an integral part of a plan of operation for a
 7686  specified international foreign office, such action shall
 7687  constitute continuing authority for Jobs Florida the Office of
 7688  Tourism, Trade, and Economic Development to exercise the
 7689  exemption, but only in the context and upon the terms originally
 7690  granted. Any modification of the approved plan of operation with
 7691  respect to an exemption contained therein must be resubmitted to
 7692  the Governor for his or her approval. An approval granted to
 7693  exercise an exemption in any other context shall be restricted
 7694  to the specific instance for which the exemption is to be
 7695  exercised.
 7696         (c) As used in this subsection, the term “plan of
 7697  operation” means the plan developed pursuant to subsection (2).
 7698         (d) Upon final action by the Governor with respect to a
 7699  request to exercise the exemption authorized in this subsection,
 7700  Jobs Florida the Office of Tourism, Trade, and Economic
 7701  Development shall report such action, along with the original
 7702  request and any modifications thereto, to the President of the
 7703  Senate and the Speaker of the House of Representatives within 30
 7704  days.
 7705         (5) Where feasible and appropriate, international and
 7706  subject to s. 288.1224(9), foreign offices established and
 7707  operated under this section may provide one-stop access to the
 7708  economic development, trade, and tourism information, services,
 7709  and programs of the state. Where feasible and appropriate, and
 7710  subject to s. 288.1224(9), such offices may also be collocated
 7711  with other international foreign offices of the state.
 7712         (6) Jobs Florida The Office of Tourism, Trade, and Economic
 7713  Development is authorized to make and to enter into contracts
 7714  with the Jobs Florida Partnership Enterprise Florida, Inc., and
 7715  the Florida Commission on Tourism to carry out the provisions of
 7716  this section. The authority, duties, and exemptions provided in
 7717  this section apply to the Jobs Florida Partnership Enterprise
 7718  Florida, Inc., and the Florida Commission on Tourism to the same
 7719  degree and subject to the same conditions as applied to Jobs
 7720  Florida the Office of Tourism, Trade, and Economic Development.
 7721  To the greatest extent possible, such contracts shall include
 7722  provisions for cooperative agreements or strategic alliances
 7723  between private businesses and state entities, international,
 7724  foreign entities, and local governmental entities, and private
 7725  businesses to operate international foreign offices.
 7726         Section 129. Subsections (1) and (3) of section 288.017,
 7727  Florida Statutes, are amended to read:
 7728         288.017 Cooperative advertising matching grants program.—
 7729         (1) The Florida Commission on Tourism is authorized to
 7730  establish a cooperative advertising matching grants program and,
 7731  pursuant thereto, to make expenditures and enter into contracts
 7732  with local governments and nonprofit corporations for the
 7733  purpose of publicizing the tourism advantages of the state. Jobs
 7734  Florida The Office of Tourism, Trade, and Economic Development,
 7735  based on recommendations from the Florida Commission on Tourism,
 7736  shall have final approval of grants awarded through this
 7737  program. The commission may contract with its direct-support
 7738  organization to administer the program.
 7739         (3) The Florida Commission on Tourism shall conduct an
 7740  annual competitive selection process for the award of grants
 7741  under the program. In determining its recommendations for the
 7742  grant awards, the commission shall consider the demonstrated
 7743  need of the applicant for advertising assistance, the
 7744  feasibility and projected benefit of the applicant’s proposal,
 7745  the amount of nonstate funds that will be leveraged, and such
 7746  other criteria as the commission deems appropriate. In
 7747  evaluating grant applications, Jobs Florida the Office shall
 7748  consider recommendations from the Florida Commission on Tourism.
 7749  Jobs Florida the Office, however, has final approval authority
 7750  for any grant under this section.
 7751         Section 130. Section 288.018, Florida Statutes, is amended
 7752  to read:
 7753         288.018 Regional Rural Development Grants Program.—
 7754         (1) Jobs Florida The Office of Tourism, Trade, and Economic
 7755  Development shall establish a matching grant program to provide
 7756  funding to regionally based economic development organizations
 7757  representing rural counties and communities for the purpose of
 7758  building the professional capacity of their organizations. Such
 7759  matching grants may also be used by an economic development
 7760  organization to provide technical assistance to businesses
 7761  within the rural counties and communities that it serves. Jobs
 7762  Florida The Office of Tourism, Trade, and Economic Development
 7763  is authorized to approve, on an annual basis, grants to such
 7764  regionally based economic development organizations. The maximum
 7765  amount an organization may receive in any year will be $35,000,
 7766  or $100,000 in a rural area of critical economic concern
 7767  recommended by the Rural Economic Development Initiative and
 7768  designated by the Governor, and must be matched each year by an
 7769  equivalent amount of nonstate resources.
 7770         (2) In approving the participants, Jobs Florida the Office
 7771  of Tourism, Trade, and Economic Development shall consider the
 7772  demonstrated need of the applicant for assistance and require
 7773  the following:
 7774         (a) Documentation of official commitments of support from
 7775  each of the units of local government represented by the
 7776  regional organization.
 7777         (b) Demonstration that each unit of local government has
 7778  made a financial or in-kind commitment to the regional
 7779  organization.
 7780         (c) Demonstration that the private sector has made
 7781  financial or in-kind commitments to the regional organization.
 7782         (d) Demonstration that the organization is in existence and
 7783  actively involved in economic development activities serving the
 7784  region.
 7785         (e) Demonstration of the manner in which the organization
 7786  is or will coordinate its efforts with those of other local and
 7787  state organizations.
 7788         (3) Jobs Florida The Office of Tourism, Trade, and Economic
 7789  Development may also contract for the development of an
 7790  enterprise zone web portal or websites for each enterprise zone
 7791  which will be used to market the program for job creation in
 7792  disadvantaged urban and rural enterprise zones. Each enterprise
 7793  zone web page should include downloadable links to state forms
 7794  and information, as well as local message boards that help
 7795  businesses and residents receive information concerning zone
 7796  boundaries, job openings, zone programs, and neighborhood
 7797  improvement activities.
 7798         (4) Jobs Florida The Office of Tourism, Trade, and Economic
 7799  Development may expend up to $750,000 each fiscal year from
 7800  funds appropriated to the Rural Community Development Revolving
 7801  Loan Fund for the purposes outlined in this section. Jobs
 7802  Florida The Office of Tourism, Trade, and Economic Development
 7803  may contract with the Jobs Florida Partnership Enterprise
 7804  Florida, Inc., for the administration of the purposes specified
 7805  in this section. Funds released to the Jobs Florida Partnership
 7806  Enterprise Florida, Inc., for this purpose shall be released
 7807  quarterly and shall be calculated based on the applications in
 7808  process.
 7809         Section 131. Subsection (4) of section 288.019, Florida
 7810  Statutes, is amended to read:
 7811         288.019 Rural considerations in grant review and evaluation
 7812  processes.—Notwithstanding any other law, and to the fullest
 7813  extent possible, the member agencies and organizations of the
 7814  Rural Economic Development Initiative (REDI) as defined in s.
 7815  288.0656(6)(a) shall review all grant and loan application
 7816  evaluation criteria to ensure the fullest access for rural
 7817  counties as defined in s. 288.0656(2) to resources available
 7818  throughout the state.
 7819         (4) For existing programs, the modified evaluation criteria
 7820  and scoring procedure must be delivered to Jobs Florida the
 7821  Office of Tourism, Trade, and Economic Development for
 7822  distribution to the REDI agencies and organizations. The REDI
 7823  agencies and organizations shall review and make comments.
 7824  Future rules, programs, evaluation criteria, and scoring
 7825  processes must be brought before a REDI meeting for review,
 7826  discussion, and recommendation to allow rural counties fuller
 7827  access to the state’s resources.
 7828         Section 132. Subsection (1) of section 288.021, Florida
 7829  Statutes, is amended to read:
 7830         288.021 Economic development liaison.—
 7831         (1) The heads of the Department of Transportation, the
 7832  Department of Environmental Protection and an additional member
 7833  appointed by the secretary of the department, the Department of
 7834  Labor and Employment Security, the Department of Education, the
 7835  Department of Community Affairs, the Department of Management
 7836  Services, the Department of Revenue, the Fish and Wildlife
 7837  Conservation Commission, each water management district, and
 7838  each Department of Transportation District office shall
 7839  designate a high-level staff member from within such agency to
 7840  serve as the economic development liaison for the agency. This
 7841  person shall report to the agency head and have general
 7842  knowledge both of the state’s permitting and other regulatory
 7843  functions and of the state’s economic goals, policies, and
 7844  programs. This person shall also be the primary point of contact
 7845  for the agency with Jobs Florida the Office of Tourism, Trade,
 7846  and Economic Development on issues and projects important to the
 7847  economic development of Florida, including its rural areas, to
 7848  expedite project review, to ensure a prompt, effective response
 7849  to problems arising with regard to permitting and regulatory
 7850  functions, and to work closely with the other economic
 7851  development liaisons to resolve interagency conflicts.
 7852         Section 133. Subsection (1) of section 288.035, Florida
 7853  Statutes, is amended to read:
 7854         288.035 Economic development activities.—
 7855         (1) The Florida Public Service Commission may authorize
 7856  public utilities to recover reasonable economic development
 7857  expenses. For purposes of this section, recoverable “economic
 7858  development expenses” are those expenses described in subsection
 7859  (2) which are consistent with criteria to be established by
 7860  rules adopted by Jobs Florida the Department of Commerce as of
 7861  June 30, 1996, or as those criteria are later modified by the
 7862  Office of Tourism, Trade, and Economic Development.
 7863         Section 134. Section 288.047, Florida Statutes, is amended
 7864  to read:
 7865         288.047 Quick-response training for economic development.—
 7866         (1) The Quick-Response Training Program is created within
 7867  Jobs Florida to meet the workforce-skill needs of existing, new,
 7868  and expanding industries. The program shall be administered in
 7869  conjunction with by Workforce Florida, Inc., the Jobs Florida
 7870  Partnership in conjunction with Enterprise Florida, Inc., and
 7871  the Department of Education. Workforce Florida, Inc., shall
 7872  adopt guidelines for the administration of this program.
 7873  Workforce Florida, Inc., shall provide technical services and
 7874  shall help identify businesses that seek services through the
 7875  program. Workforce Florida, Inc., may contract with Enterprise
 7876  Florida, Inc., or administer this program directly, if it is
 7877  determined that such an arrangement maximizes the amount of the
 7878  Quick Response grant going to direct services.
 7879         (2) Jobs Florida Workforce Florida, Inc., shall ensure that
 7880  instruction funded pursuant to this section is not available
 7881  through the local community college or school district and that
 7882  the instruction promotes economic development by providing
 7883  specialized training to new workers or retraining for current
 7884  employees to meet changing skill requirements caused by new
 7885  technology or new product lines and to prevent potential
 7886  layoffs. Such funds may not be expended to provide training for
 7887  instruction related to retail businesses or to reimburse
 7888  businesses for trainee wages. Funds made available pursuant to
 7889  this section may not be expended in connection with the
 7890  relocation of a business from one community to another community
 7891  in this state unless Jobs Florida Workforce Florida, Inc.,
 7892  determines that without such relocation the business will move
 7893  outside this state or determines that the business has a
 7894  compelling economic rationale for the relocation which creates
 7895  additional jobs.
 7896         (3) Requests for funding through the Quick-Response
 7897  Training Program may be produced through inquiries from a
 7898  specific business or industry, inquiries from a school district
 7899  director of career education or community college occupational
 7900  dean on behalf of a business or industry, or through official
 7901  state or local economic development efforts. In allocating funds
 7902  for the purposes of the program, Jobs Florida Workforce Florida,
 7903  Inc., shall establish criteria for approval of requests for
 7904  funding and shall select the entity that provides the most
 7905  efficient, cost-effective instruction meeting such criteria.
 7906  Program funds may be allocated to any career center, community
 7907  college, or state university. Program funds may be allocated to
 7908  private postsecondary institutions only upon a review that
 7909  includes, but is not limited to, accreditation and licensure
 7910  documentation and prior approval by Jobs Florida Workforce
 7911  Florida, Inc. Instruction funded through the program must
 7912  terminate when participants demonstrate competence at the level
 7913  specified in the request; however, the grant term may not exceed
 7914  24 months. Costs and expenditures for the Quick-Response
 7915  Training Program must be documented and separated from those
 7916  incurred by the training provider.
 7917         (4) For the first 6 months of each fiscal year, Jobs
 7918  Florida Workforce Florida, Inc., shall set aside 30 percent of
 7919  the amount appropriated for the Quick-Response Training Program
 7920  by the Legislature to fund instructional programs for businesses
 7921  located in an enterprise zone or brownfield area. Any
 7922  unencumbered funds remaining undisbursed from this set-aside at
 7923  the end of the 6-month period may be used to provide funding for
 7924  any program qualifying for funding pursuant to this section.
 7925         (5) Before Prior to the allocation of funds for any request
 7926  pursuant to this section, Jobs Florida Workforce Florida, Inc.,
 7927  shall prepare a grant agreement between the business or industry
 7928  requesting funds, the educational institution receiving funding
 7929  through the program, and Jobs Florida Workforce Florida, Inc.
 7930  Such agreement must include, but is not limited to:
 7931         (a) An identification of the personnel necessary to conduct
 7932  the instructional program, the qualifications of such personnel,
 7933  and the respective responsibilities of the parties for paying
 7934  costs associated with the employment of such personnel.
 7935         (b) An identification of the estimated length of the
 7936  instructional program.
 7937         (c) An identification of all direct, training-related
 7938  costs, including tuition and fees, curriculum development, books
 7939  and classroom materials, and overhead or indirect costs, not to
 7940  exceed 5 percent of the grant amount.
 7941         (d) An identification of special program requirements that
 7942  are not addressed otherwise in the agreement.
 7943         (e) Permission to access information specific to the wages
 7944  and performance of participants upon the completion of
 7945  instruction for evaluation purposes. Information which, if
 7946  released, would disclose the identity of the person to whom the
 7947  information pertains or disclose the identity of the person’s
 7948  employer is confidential and exempt from the provisions of s.
 7949  119.07(1). The agreement must specify that any evaluations
 7950  published subsequent to the instruction may not identify the
 7951  employer or any individual participant.
 7952         (6) For the purposes of this section, Jobs Florida
 7953  Workforce Florida, Inc., may accept grants of money, materials,
 7954  services, or property of any kind from any agency, corporation,
 7955  or individual.
 7956         (7) In providing instruction pursuant to this section,
 7957  materials that relate to methods of manufacture or production,
 7958  potential trade secrets, business transactions, or proprietary
 7959  information received, produced, ascertained, or discovered by
 7960  employees of the respective departments, district school boards,
 7961  community college district boards of trustees, or other
 7962  personnel employed for the purposes of this section is
 7963  confidential and exempt from the provisions of s. 119.07(1). The
 7964  state may seek copyright protection for all instructional
 7965  materials and ancillary written documents developed wholly or
 7966  partially with state funds as a result of instruction provided
 7967  pursuant to this section, except for materials that are
 7968  confidential and exempt from the provisions of s. 119.07(1).
 7969         (8) There is created a Quick-Response Training Program for
 7970  participants in the welfare transition program. Workforce
 7971  Florida, Inc., in conjunction with Jobs Florida, may award
 7972  quick-response training grants and develop applicable guidelines
 7973  for the training of participants in the welfare transition
 7974  program. In addition to a local economic development
 7975  organization, grants must be endorsed by the applicable regional
 7976  workforce board.
 7977         (a) Training funded pursuant to this subsection may not
 7978  exceed 12 months, and may be provided by the local community
 7979  college, school district, regional workforce board, or the
 7980  business employing the participant, including on-the-job
 7981  training. Training will provide entry-level skills to new
 7982  workers, including those employed in retail, who are
 7983  participants in the welfare transition program.
 7984         (b) Participants trained pursuant to this subsection must
 7985  be employed at a wage not less than $6 per hour.
 7986         (c) Funds made available pursuant to this subsection may be
 7987  expended in connection with the relocation of a business from
 7988  one community to another community if approved by Workforce
 7989  Florida, Inc.
 7990         (9) Notwithstanding any other provision of law, eligible
 7991  matching contributions received under the Quick-Response
 7992  Training Program under this section may be counted toward the
 7993  private sector support of Enterprise Florida, Inc., under s.
 7994  288.90151(5)(d).
 7995         (9)(10)Jobs Florida Workforce Florida, Inc., and
 7996  Enterprise Florida, Inc., shall ensure maximum coordination and
 7997  cooperation in administering this section, in such a manner that
 7998  any division of responsibility between the two organizations
 7999  which relates to marketing or administering the Quick-Response
 8000  Training Program is not apparent to a business that inquires
 8001  about or applies for funding under this section. The
 8002  organizations shall provide such A business shall be provided
 8003  with a single point of contact for information and assistance.
 8004         Section 135. Subsections (1), (2), and (3) of section
 8005  288.065, Florida Statutes, are amended to read:
 8006         288.065 Rural Community Development Revolving Loan Fund.—
 8007         (1) The Rural Community Development Revolving Loan Fund
 8008  Program is established within Jobs Florida in the Office of
 8009  Tourism, Trade, and Economic Development to facilitate the use
 8010  of existing federal, state, and local financial resources by
 8011  providing local governments with financial assistance to further
 8012  promote the economic viability of rural communities. These funds
 8013  may be used to finance initiatives directed toward maintaining
 8014  or developing the economic base of rural communities, especially
 8015  initiatives addressing employment opportunities for residents of
 8016  these communities.
 8017         (2)(a) The program shall provide for long-term loans, loan
 8018  guarantees, and loan loss reserves to units of local
 8019  governments, or economic development organizations substantially
 8020  underwritten by a unit of local government, within counties with
 8021  populations of 75,000 or fewer, or within any county with a
 8022  population of 125,000 or fewer which is contiguous to a county
 8023  with a population of 75,000 or fewer, based on the most recent
 8024  official population estimate as determined under s. 186.901,
 8025  including those residing in incorporated areas and those
 8026  residing in unincorporated areas of the county, or to units of
 8027  local government, or economic development organizations
 8028  substantially underwritten by a unit of local government, within
 8029  a rural area of critical economic concern.
 8030         (b) Requests for loans shall be made by application to Jobs
 8031  Florida the Office of Tourism, Trade, and Economic Development.
 8032  Loans shall be made pursuant to agreements specifying the terms
 8033  and conditions agreed to between the applicant and Jobs Florida
 8034  the Office of Tourism, Trade, and Economic Development. The
 8035  loans shall be the legal obligations of the applicant.
 8036         (c) All repayments of principal and interest shall be
 8037  returned to the loan fund and made available for loans to other
 8038  applicants. However, in a rural area of critical economic
 8039  concern designated by the Governor, and upon approval by Jobs
 8040  Florida the Office of Tourism, Trade, and Economic Development,
 8041  repayments of principal and interest may be retained by the
 8042  applicant if such repayments are dedicated and matched to fund
 8043  regionally based economic development organizations representing
 8044  the rural area of critical economic concern.
 8045         (3) Jobs Florida The Office of Tourism, Trade, and Economic
 8046  Development shall manage the fund, establishing loan practices
 8047  that must include, but are not limited to, procedures for
 8048  establishing loan interest rates, uses of funding, application
 8049  procedures, and application review procedures. Jobs Florida The
 8050  Office of Tourism, Trade, and Economic Development shall have
 8051  final approval authority for any loan under this section.
 8052         Section 136. Subsections (1), (2), (3), and (4) of section
 8053  288.0655, Florida Statutes, are amended to read:
 8054         288.0655 Rural Infrastructure Fund.—
 8055         (1) There is created within Jobs Florida the Office of
 8056  Tourism, Trade, and Economic Development the Rural
 8057  Infrastructure Fund to facilitate the planning, preparing, and
 8058  financing of infrastructure projects in rural communities which
 8059  will encourage job creation, capital investment, and the
 8060  strengthening and diversification of rural economies by
 8061  promoting tourism, trade, and economic development.
 8062         (2)(a) Funds appropriated by the Legislature shall be
 8063  distributed by Jobs Florida the Office through grant programs
 8064  that maximize the use of federal, local, and private resources,
 8065  including, but not limited to, those available under the Small
 8066  Cities Community Development Block Grant Program.
 8067         (b) To facilitate access of rural communities and rural
 8068  areas of critical economic concern as defined by the Rural
 8069  Economic Development Initiative to infrastructure funding
 8070  programs of the Federal Government, such as those offered by the
 8071  United States Department of Agriculture and the United States
 8072  Department of Commerce, and state programs, including those
 8073  offered by Rural Economic Development Initiative agencies, and
 8074  to facilitate local government or private infrastructure funding
 8075  efforts, Jobs Florida the Office may award grants for up to 30
 8076  percent of the total infrastructure project cost. If an
 8077  application for funding is for a catalyst site, as defined in s.
 8078  288.0656, Jobs Florida the Office may award grants for up to 40
 8079  percent of the total infrastructure project cost. Eligible
 8080  projects must be related to specific job-creation or job
 8081  retention opportunities. Eligible projects may also include
 8082  improving any inadequate infrastructure that has resulted in
 8083  regulatory action that prohibits economic or community growth or
 8084  reducing the costs to community users of proposed infrastructure
 8085  improvements that exceed such costs in comparable communities.
 8086  Eligible uses of funds shall include improvements to public
 8087  infrastructure for industrial or commercial sites and upgrades
 8088  to or development of public tourism infrastructure. Authorized
 8089  infrastructure may include the following public or public
 8090  private partnership facilities: storm water systems;
 8091  telecommunications facilities; broadband facilities; roads or
 8092  other remedies to transportation impediments; nature-based
 8093  tourism facilities; or other physical requirements necessary to
 8094  facilitate tourism, trade, and economic development activities
 8095  in the community. Authorized infrastructure may also include
 8096  publicly or privately owned self-powered nature-based tourism
 8097  facilities, publicly owned telecommunications facilities, and
 8098  broadband facilities, and additions to the distribution
 8099  facilities of the existing natural gas utility as defined in s.
 8100  366.04(3)(c), the existing electric utility as defined in s.
 8101  366.02, or the existing water or wastewater utility as defined
 8102  in s. 367.021(12), or any other existing water or wastewater
 8103  facility, which owns a gas or electric distribution system or a
 8104  water or wastewater system in this state where:
 8105         1. A contribution-in-aid of construction is required to
 8106  serve public or public-private partnership facilities under the
 8107  tariffs of any natural gas, electric, water, or wastewater
 8108  utility as defined herein; and
 8109         2. Such utilities as defined herein are willing and able to
 8110  provide such service.
 8111         (c) To facilitate timely response and induce the location
 8112  or expansion of specific job creating opportunities, Jobs
 8113  Florida the Office may award grants for infrastructure
 8114  feasibility studies, design and engineering activities, or other
 8115  infrastructure planning and preparation activities. Authorized
 8116  grants shall be up to $50,000 for an employment project with a
 8117  business committed to create at least 100 jobs;, up to $150,000
 8118  for an employment project with a business committed to create at
 8119  least 300 jobs;, and up to $300,000 for a project in a rural
 8120  area of critical economic concern. Grants awarded under this
 8121  paragraph may be used in conjunction with grants awarded under
 8122  paragraph (b), provided that the total amount of both grants
 8123  does not exceed 30 percent of the total project cost. In
 8124  evaluating applications under this paragraph, Jobs Florida the
 8125  Office shall consider the extent to which the application seeks
 8126  to minimize administrative and consultant expenses.
 8127         (d) Jobs Florida By September 1, 1999, the Office shall
 8128  participate in pursue execution of a memorandum of agreement
 8129  with the United States Department of Agriculture under which
 8130  state funds available through the Rural Infrastructure Fund may
 8131  be advanced, in excess of the prescribed state share, for a
 8132  project that has received from the department a preliminary
 8133  determination of eligibility for federal financial support.
 8134  State funds in excess of the prescribed state share which are
 8135  advanced pursuant to this paragraph and the memorandum of
 8136  agreement shall be reimbursed when funds are awarded under an
 8137  application for federal funding.
 8138         (e) To enable local governments to access the resources
 8139  available pursuant to s. 403.973(18), Jobs Florida the Office
 8140  may award grants for surveys, feasibility studies, and other
 8141  activities related to the identification and preclearance review
 8142  of land which is suitable for preclearance review. Authorized
 8143  grants under this paragraph shall not exceed $75,000 each,
 8144  except in the case of a project in a rural area of critical
 8145  economic concern, in which case the grant shall not exceed
 8146  $300,000. Any funds awarded under this paragraph must be matched
 8147  at a level of 50 percent with local funds, except that any funds
 8148  awarded for a project in a rural area of critical economic
 8149  concern must be matched at a level of 33 percent with local
 8150  funds. If an application for funding is for a catalyst site, as
 8151  defined in s. 288.0656, the requirement for local match may be
 8152  waived pursuant to the process in s. 288.06561. In evaluating
 8153  applications under this paragraph, Jobs Florida the office shall
 8154  consider the extent to which the application seeks to minimize
 8155  administrative and consultant expenses.
 8156         (3) Jobs Florida the office, in consultation with the Jobs
 8157  Florida Partnership Enterprise Florida, Inc., VISIT Florida, the
 8158  Department of Environmental Protection, and the Florida Fish and
 8159  Wildlife Conservation Commission, as appropriate, shall review
 8160  and certify applications pursuant to s. 288.061. The review
 8161  shall include an evaluation of the economic benefit of the
 8162  projects and their long-term viability. Jobs Florida The office
 8163  shall have final approval for any grant under this section.
 8164         (4) By September 1, 2011 1999, Jobs Florida the office
 8165  shall, in consultation with the organizations listed in
 8166  subsection (3), and other organizations, reevaluate existing
 8167  develop guidelines and criteria governing submission of
 8168  applications for funding, review and evaluation of such
 8169  applications, and approval of funding under this section. Jobs
 8170  Florida The office shall consider factors including, but not
 8171  limited to, the project’s potential for enhanced job creation or
 8172  increased capital investment, the demonstration and level of
 8173  local public and private commitment, whether the project is
 8174  located location of the project in an enterprise zone, the
 8175  location of the project in a community development corporation
 8176  service area, or in an urban high-crime area as the location of
 8177  the project in a county designated under s. 212.097, the
 8178  unemployment rate of the county in which the project would be
 8179  located surrounding area, and the poverty rate of the community.
 8180         Section 137. Paragraph (b) of subsection (1), paragraphs
 8181  (b) and (e) of subsection (2), paragraph (a) of subsection (6),
 8182  and subsection (7) of section 288.0656, Florida Statutes, are
 8183  amended to read:
 8184         288.0656 Rural Economic Development Initiative.—
 8185         (1)(b) The Rural Economic Development Initiative, known as
 8186  “REDI,” is created within Jobs Florida the Office of Tourism,
 8187  Trade, and Economic Development, and the participation of state
 8188  and regional agencies in this initiative is authorized.
 8189         (2) As used in this section, the term:
 8190         (b) “Catalyst site” means a parcel or parcels of land
 8191  within a rural area of critical economic concern that has been
 8192  prioritized as a geographic site for economic development
 8193  through partnerships with state, regional, and local
 8194  organizations. The site must be reviewed by REDI and approved by
 8195  Jobs Florida the Office of Tourism, Trade, and Economic
 8196  Development for the purposes of locating a catalyst project.
 8197         (e) “Rural community” means:
 8198         1. A county with a population of 75,000 or fewer.
 8199         2. A county with a population of 125,000 or fewer which is
 8200  contiguous to a county with a population of 75,000 or fewer.
 8201         3. A municipality within a county described in subparagraph
 8202  1. or subparagraph 2.
 8203         4. An unincorporated federal enterprise community or an
 8204  incorporated rural city with a population of 25,000 or fewer and
 8205  an employment base focused on traditional agricultural or
 8206  resource-based industries, located in a county not defined as
 8207  rural, which has at least three or more of the economic distress
 8208  factors identified in paragraph (c) and verified by Jobs Florida
 8209  the Office of Tourism, Trade, and Economic Development.
 8210  
 8211  For purposes of this paragraph, population shall be determined
 8212  in accordance with the most recent official estimate pursuant to
 8213  s. 186.901.
 8214         (6)(a) By August 1 of each year, the head of each of the
 8215  following agencies and organizations shall designate a deputy
 8216  secretary or higher-level staff person from within the agency or
 8217  organization to serve as the REDI representative for the agency
 8218  or organization:
 8219         1. The Department of Community Affairs.
 8220         1.2. The Department of Transportation.
 8221         2.3. The Department of Environmental Protection.
 8222         3.4. The Department of Agriculture and Consumer Services.
 8223         4.5. The Department of State.
 8224         5.6. The Department of Health.
 8225         6.7. The Department of Children and Family Services.
 8226         7.8. The Department of Corrections.
 8227         9.The Agency for Workforce Innovation.
 8228         8.10. The Department of Education.
 8229         9.11. The Department of Juvenile Justice.
 8230         10.12. The Fish and Wildlife Conservation Commission.
 8231         11.13. Each water management district.
 8232         12.14.The Jobs Florida Partnership Enterprise Florida,
 8233  Inc.
 8234         13.15. Workforce Florida, Inc.
 8235         16. The Florida Commission on Tourism or VISIT Florida.
 8236         14.17. The Florida Regional Planning Council Association.
 8237         15.18. The Agency for Health Care Administration.
 8238         16.19. The Institute of Food and Agricultural Sciences
 8239  (IFAS).
 8240  
 8241  An alternate for each designee shall also be chosen, and the
 8242  names of the designees and alternates shall be sent to the
 8243  director of Jobs Florida the Office of Tourism, Trade, and
 8244  Economic Development.
 8245         (7)(a) REDI may recommend to the Governor up to three rural
 8246  areas of critical economic concern. The Governor may by
 8247  executive order designate up to three rural areas of critical
 8248  economic concern which will establish these areas as priority
 8249  assignments for REDI as well as to allow the Governor, acting
 8250  through REDI, to waive criteria, requirements, or similar
 8251  provisions of any economic development incentive. Such
 8252  incentives shall include, but not be limited to: the Qualified
 8253  Target Industry Tax Refund Program under s. 288.106, the Quick
 8254  Response Training Program under s. 288.047, the Quick Response
 8255  Training Program for participants in the welfare transition
 8256  program under s. 288.047(8), transportation projects under s.
 8257  288.063, the brownfield redevelopment bonus refund under s.
 8258  288.107, and the rural job tax credit program under ss. 212.098
 8259  and 220.1895.
 8260         (b) Designation as a rural area of critical economic
 8261  concern under this subsection shall be contingent upon the
 8262  execution of a memorandum of agreement among Jobs Florida the
 8263  Office of Tourism, Trade, and Economic Development; the
 8264  governing body of the county; and the governing bodies of any
 8265  municipalities to be included within a rural area of critical
 8266  economic concern. Such agreement shall specify the terms and
 8267  conditions of the designation, including, but not limited to,
 8268  the duties and responsibilities of the county and any
 8269  participating municipalities to take actions designed to
 8270  facilitate the retention and expansion of existing businesses in
 8271  the area, as well as the recruitment of new businesses to the
 8272  area.
 8273         (c) Each rural area of critical economic concern may
 8274  designate catalyst projects, provided that each catalyst project
 8275  is specifically recommended by REDI, identified as a catalyst
 8276  project by the Jobs Florida Partnership Enterprise Florida,
 8277  Inc., and confirmed as a catalyst project by Jobs Florida the
 8278  Office of Tourism, Trade, and Economic Development. All state
 8279  agencies and departments shall use all available tools and
 8280  resources to the extent permissible by law to promote the
 8281  creation and development of each catalyst project and the
 8282  development of catalyst sites.
 8283         Section 138. Subsections (2) and (3) of section 288.06561,
 8284  Florida Statutes, are amended to read:
 8285         288.06561 Reduction or waiver of financial match
 8286  requirements.—Notwithstanding any other law, the member agencies
 8287  and organizations of the Rural Economic Development Initiative
 8288  (REDI), as defined in s. 288.0656(6)(a), shall review the
 8289  financial match requirements for projects in rural areas as
 8290  defined in s. 288.0656(2).
 8291         (2) Agencies and organizations shall ensure that all
 8292  proposals are submitted to Jobs Florida the Office of Tourism,
 8293  Trade, and Economic Development for review by the REDI agencies.
 8294         (3) These proposals shall be delivered to Jobs Florida the
 8295  Office of Tourism, Trade, and Economic Development for
 8296  distribution to the REDI agencies and organizations. A meeting
 8297  of REDI agencies and organizations must be called within 30 days
 8298  after receipt of such proposals for REDI comment and
 8299  recommendations on each proposal.
 8300         Section 139. Subsections (2) and (4) of section 288.0657,
 8301  Florida Statutes, are amended to read:
 8302         288.0657 Florida rural economic development strategy
 8303  grants.—
 8304         (2) Jobs Florida The Office of Tourism, Trade, and Economic
 8305  Development may accept and administer moneys appropriated to
 8306  Jobs Florida the office for providing grants to assist rural
 8307  communities to develop and implement strategic economic
 8308  development plans.
 8309         (4) Jobs Florida Enterprise Florida, Inc., and VISIT
 8310  Florida, shall establish criteria for reviewing grant
 8311  applications. These criteria shall include, but are not limited
 8312  to, the degree of participation and commitment by the local
 8313  community and the application’s consistency with local
 8314  comprehensive plans or the application’s proposal to ensure such
 8315  consistency. Jobs Florida The International Trade and Economic
 8316  Development Board of Enterprise Florida, Inc., and VISIT
 8317  Florida, shall review each application for a grant and shall
 8318  submit annually to the Office for approval a list of all
 8319  applications that are recommended by the board and VISIT
 8320  Florida, arranged in order of priority. Jobs Florida The office
 8321  may approve grants only to the extent that funds are
 8322  appropriated for such grants by the Legislature.
 8323         Section 140. Section 288.0658, Florida Statutes, is amended
 8324  to read:
 8325         288.0658 Nature-based recreation; promotion and other
 8326  assistance by Fish and Wildlife Conservation Commission.—The
 8327  Florida Fish and Wildlife Conservation Commission is directed to
 8328  assist the Jobs Florida Partnership, Inc. Florida Commission on
 8329  Tourism; the Florida Tourism Industry Marketing Corporation,
 8330  doing business as VISIT Florida; convention and visitor bureaus;
 8331  tourist development councils; economic development
 8332  organizations; and local governments through the provision of
 8333  marketing advice, technical expertise, promotional support, and
 8334  product development related to nature-based recreation and
 8335  sustainable use of natural resources. In carrying out this
 8336  responsibility, the Florida Fish and Wildlife Conservation
 8337  Commission shall focus its efforts on fostering nature-based
 8338  recreation in rural communities and regions encompassing rural
 8339  communities. As used in this section, the term “nature-based
 8340  recreation” means leisure activities related to the state’s
 8341  lands, waters, and fish and wildlife resources, including, but
 8342  not limited to, wildlife viewing, fishing, hiking, canoeing,
 8343  kayaking, camping, hunting, backpacking, and nature photography.
 8344         Section 141. Section 288.0659, Florida Statutes, is amended
 8345  to read:
 8346         288.0659 Local Government Distressed Area Matching Grant
 8347  Program.—
 8348         (1) The Local Government Distressed Area Matching Grant
 8349  Program is created within Jobs Florida the Office of Tourism,
 8350  Trade, and Economic Development. The purpose of the program is
 8351  to stimulate investment in the state’s economy by providing
 8352  grants to match demonstrated business assistance by local
 8353  governments to attract and retain businesses in this state.
 8354         (2) As used in this section, the term:
 8355         (a) “Local government” means a county or municipality.
 8356         (b) “Office” means the Office of Tourism, Trade, and
 8357  Economic Development.
 8358         (b)(c) “Qualified business assistance” means economic
 8359  incentives provided by a local government for the purpose of
 8360  attracting or retaining a specific business, including, but not
 8361  limited to, suspensions, waivers, or reductions of impact fees
 8362  or permit fees; direct incentive payments; expenditures for
 8363  onsite or offsite improvements directly benefiting a specific
 8364  business; or construction or renovation of buildings for a
 8365  specific business.
 8366         (3) Jobs Florida The Office may accept and administer
 8367  moneys appropriated by the Legislature to the Office for
 8368  providing grants to match expenditures by local governments to
 8369  attract or retain businesses in this state.
 8370         (4) A local government may apply for grants to match
 8371  qualified business assistance made by the local government for
 8372  the purpose of attracting or retaining a specific business. A
 8373  local government may apply for no more than one grant per
 8374  targeted business. A local government may only have one
 8375  application pending with Jobs Florida the Office. Additional
 8376  applications may be filed after a previous application has been
 8377  approved or denied.
 8378         (5) To qualify for a grant, the business being targeted by
 8379  a local government must create at least 15 full-time jobs, must
 8380  be new to this state, must be expanding its operations in this
 8381  state, or would otherwise leave the state absent state and local
 8382  assistance, and the local government applying for the grant must
 8383  expedite its permitting processes for the target business by
 8384  accelerating the normal review and approval timelines. In
 8385  addition to these requirements, Jobs Florida the office shall
 8386  review the grant requests using the following evaluation
 8387  criteria, with priority given in descending order:
 8388         (a) The presence and degree of pervasive poverty,
 8389  unemployment, and general distress as determined pursuant to s.
 8390  290.0058 in the area where the business will locate, with
 8391  priority given to locations with greater degrees of poverty,
 8392  unemployment, and general distress.
 8393         (b) The extent of reliance on the local government
 8394  expenditure as an inducement for the business’s location
 8395  decision, with priority given to higher levels of local
 8396  government expenditure.
 8397         (c) The number of new full-time jobs created, with priority
 8398  given to higher numbers of jobs created.
 8399         (d) The average hourly wage for jobs created, with priority
 8400  given to higher average wages.
 8401         (e) The amount of capital investment to be made by the
 8402  business, with priority given to higher amounts of capital
 8403  investment.
 8404         (6) In evaluating grant requests, Jobs Florida the Office
 8405  shall take into consideration the need for grant assistance as
 8406  it relates to the local government’s general fund balance as
 8407  well as local incentive programs that are already in existence.
 8408         (7) Funds made available pursuant to this section may not
 8409  be expended in connection with the relocation of a business from
 8410  one community to another community in this state unless Jobs
 8411  Florida the Office determines that without such relocation the
 8412  business will move outside this state or determines that the
 8413  business has a compelling economic rationale for the relocation
 8414  which creates additional jobs. Funds made available pursuant to
 8415  this section may not be used by the receiving local government
 8416  to supplant matching commitments required of the local
 8417  government pursuant to other state or federal incentive
 8418  programs.
 8419         (8) Within 30 days after Jobs Florida the Office receives
 8420  an application for a grant, Jobs Florida the Office shall
 8421  approve a preliminary grant allocation or disapprove the
 8422  application. The preliminary grant allocation shall be based on
 8423  estimates of qualified business assistance submitted by the
 8424  local government and shall equal 50 percent of the amount of the
 8425  estimated qualified business assistance or $50,000, whichever is
 8426  less. The preliminary grant allocation shall be executed by
 8427  contract with the local government. The contract shall set forth
 8428  the terms and conditions, including the timeframes within which
 8429  the final grant award will be disbursed. The final grant award
 8430  may not exceed the preliminary grant allocation. Jobs Florida
 8431  the Office may approve preliminary grant allocations only to the
 8432  extent that funds are appropriated for such grants by the
 8433  Legislature.
 8434         (a) Preliminary grant allocations that are revoked or
 8435  voluntarily surrendered shall be immediately available for
 8436  reallocation.
 8437         (b) Recipients of preliminary grant allocations shall
 8438  promptly report to Jobs Florida the Office the date on which the
 8439  local government’s permitting and approval process is completed
 8440  and the date on which all qualified business assistance is
 8441  completed.
 8442         (9) Jobs Florida the Office shall make a final grant award
 8443  to a local government within 30 days after receiving information
 8444  from the local government sufficient to demonstrate actual
 8445  qualified business assistance. An awarded grant amount shall
 8446  equal 50 percent of the amount of the qualified business
 8447  assistance or $50,000, whichever is less, and may not exceed the
 8448  preliminary grant allocation. The amount by which a preliminary
 8449  grant allocation exceeds a final grant award shall be
 8450  immediately available for reallocation.
 8451         (10) Up to 2 percent of the funds appropriated annually by
 8452  the Legislature for the program may be used by Jobs Florida the
 8453  Office for direct administrative costs associated with
 8454  implementing this section.
 8455         Section 142. Paragraph (a) of subsection (1) of section
 8456  288.075, Florida Statutes, is amended to read:
 8457         288.075 Confidentiality of records.—
 8458         (1) DEFINITIONS.—As used in this section, the term:
 8459         (a) “Economic development agency” means:
 8460         1. Jobs Florida The Office of Tourism, Trade, and Economic
 8461  Development;
 8462         2. Any industrial development authority created in
 8463  accordance with part III of chapter 159 or by special law;
 8464         3. Space Florida created in part II of chapter 331;
 8465         4. The public economic development agency of a county or
 8466  municipality or, if the county or municipality does not have a
 8467  public economic development agency, the county or municipal
 8468  officers or employees assigned the duty to promote the general
 8469  business interests or industrial interests of that county or
 8470  municipality or the responsibilities related thereto;
 8471         5. Any research and development authority created in
 8472  accordance with part V of chapter 159; or
 8473         6. Any private agency, person, partnership, corporation, or
 8474  business entity when authorized by the state, a municipality, or
 8475  a county to promote the general business interests or industrial
 8476  interests of the state or that municipality or county.
 8477         Section 143. Paragraphs (c), (h), (p), and (r) of
 8478  subsection (1), paragraphs (a), (d), (e), (f), (h) of subsection
 8479  (2), subsections (3) and (4), paragraphs (a), (d), (e), and (g)
 8480  of subsection (5), paragraphs (a), (b), and (c) of subsection
 8481  (6), and subsections (7) and (8) of section 288.1045, Florida
 8482  Statutes, are amended, and present paragraphs (i) through (u) of
 8483  subsection (1) are redesignated as paragraphs (h) through (s),
 8484  respectively, to read:
 8485         288.1045 Qualified defense contractor and space flight
 8486  business tax refund program.—
 8487         (1) DEFINITIONS.—As used in this section:
 8488         (c) “Business unit” means an employing unit, as defined in
 8489  s. 443.036, that is registered with Jobs Florida the Agency for
 8490  Workforce Innovation for unemployment compensation purposes or
 8491  means a subcategory or division of an employing unit that is
 8492  accepted by Jobs Florida the Agency for Workforce Innovation as
 8493  a reporting unit.
 8494         (h) “Director” means the director of the Office of Tourism,
 8495  Trade, and Economic Development.
 8496         (p) “Office” means the Office of Tourism, Trade, and
 8497  Economic Development.
 8498         (p)(r) “Qualified applicant” means an applicant that has
 8499  been approved by Jobs Florida the director to be eligible for
 8500  tax refunds pursuant to this section.
 8501         (2) GRANTING OF A TAX REFUND; ELIGIBLE AMOUNTS.—
 8502         (a) There shall be allowed, from the Economic Development
 8503  Trust Fund, a refund to a qualified applicant for the amount of
 8504  eligible taxes certified by Jobs Florida the director which were
 8505  paid by such qualified applicant. The total amount of refunds
 8506  for all fiscal years for each qualified applicant shall be
 8507  determined pursuant to subsection (3). The annual amount of a
 8508  refund to a qualified applicant shall be determined pursuant to
 8509  subsection (5).
 8510         (d) Contingent upon an annual appropriation by the
 8511  Legislature, Jobs Florida the director may approve not more in
 8512  tax refunds than the amount appropriated to the Economic
 8513  Development Trust Fund for tax refunds, for a fiscal year
 8514  pursuant to subsection (5) and s. 288.095.
 8515         (e) For the first 6 months of each fiscal year, Jobs
 8516  Florida the director shall set aside 30 percent of the amount
 8517  appropriated for refunds pursuant to this section by the
 8518  Legislature to provide tax refunds only to qualified applicants
 8519  who employ 500 or fewer full-time employees in this state. Any
 8520  unencumbered funds remaining undisbursed from this set-aside at
 8521  the end of the 6-month period may be used to provide tax refunds
 8522  for any qualified applicants pursuant to this section.
 8523         (f) After entering into a tax refund agreement pursuant to
 8524  subsection (4), a qualified applicant may:
 8525         1. Receive refunds from the account for corporate income
 8526  taxes due and paid pursuant to chapter 220 by that business
 8527  beginning with the first taxable year of the business which
 8528  begins after entering into the agreement.
 8529         2. Receive refunds from the account for the following taxes
 8530  due and paid by that business after entering into the agreement:
 8531         a. Taxes on sales, use, and other transactions paid
 8532  pursuant to chapter 212.
 8533         b. Intangible personal property taxes paid pursuant to
 8534  chapter 199.
 8535         c. Emergency excise taxes paid pursuant to chapter 221.
 8536         d. Excise taxes paid on documents pursuant to chapter 201.
 8537         e. Ad valorem taxes paid, as defined in s. 220.03(1)(a) on
 8538  June 1, 1996.
 8539         f. State communications services taxes administered under
 8540  chapter 202. This provision does not apply to the gross receipts
 8541  tax imposed under chapter 203 and administered under chapter 202
 8542  or the local communications services tax authorized under s.
 8543  202.19.
 8544  
 8545  However, a qualified applicant may not receive a tax refund
 8546  pursuant to this section for any amount of credit, refund, or
 8547  exemption granted such contractor for any of such taxes. If a
 8548  refund for such taxes is provided by Jobs Florida the Office,
 8549  which taxes are subsequently adjusted by the application of any
 8550  credit, refund, or exemption granted to the qualified applicant
 8551  other than that provided in this section, the qualified
 8552  applicant shall reimburse the Economic Development Trust Fund
 8553  for the amount of such credit, refund, or exemption. A qualified
 8554  applicant must notify and tender payment to the office within 20
 8555  days after receiving a credit, refund, or exemption, other than
 8556  that provided in this section. The addition of communications
 8557  services taxes administered under chapter 202 is remedial in
 8558  nature and retroactive to October 1, 2001. The Office may make
 8559  supplemental tax refund payments to allow for tax refunds for
 8560  communications services taxes paid by an eligible qualified
 8561  defense contractor after October 1, 2001.
 8562         (h) Funds made available pursuant to this section may not
 8563  be expended in connection with the relocation of a business from
 8564  one community to another community in this state unless Jobs
 8565  Florida the Office of Tourism, Trade, and Economic Development
 8566  determines that without such relocation the business will move
 8567  outside this state or determines that the business has a
 8568  compelling economic rationale for the relocation which creates
 8569  additional jobs.
 8570         (3) APPLICATION PROCESS; REQUIREMENTS; AGENCY
 8571  DETERMINATION.—
 8572         (a) To apply for certification as a qualified applicant
 8573  pursuant to this section, an applicant must file an application
 8574  with Jobs Florida the Office which satisfies the requirements of
 8575  paragraphs (b) and (e), paragraphs (c) and (e), paragraphs (d)
 8576  and (e), or paragraphs (e) and (j). An applicant may not apply
 8577  for certification pursuant to this section after a proposal has
 8578  been submitted for a new Department of Defense contract, after
 8579  the applicant has made the decision to consolidate an existing
 8580  Department of Defense contract in this state for which such
 8581  applicant is seeking certification, after a proposal has been
 8582  submitted for a new space flight business contract in this
 8583  state, after the applicant has made the decision to consolidate
 8584  an existing space flight business contract in this state for
 8585  which such applicant is seeking certification, or after the
 8586  applicant has made the decision to convert defense production
 8587  jobs to nondefense production jobs for which such applicant is
 8588  seeking certification.
 8589         (b) Applications for certification based on the
 8590  consolidation of a Department of Defense contract or a new
 8591  Department of Defense contract must be submitted to Jobs Florida
 8592  the Office as prescribed by Jobs Florida the Office and must
 8593  include, but are not limited to, the following information:
 8594         1. The applicant’s federal employer identification number,
 8595  the applicant’s Florida sales tax registration number, and a
 8596  signature of an officer of the applicant.
 8597         2. The permanent location of the manufacturing, assembling,
 8598  fabricating, research, development, or design facility in this
 8599  state at which the project is or is to be located.
 8600         3. The Department of Defense contract numbers of the
 8601  contract to be consolidated, the new Department of Defense
 8602  contract number, or the “RFP” number of a proposed Department of
 8603  Defense contract.
 8604         4. The date the contract was executed or is expected to be
 8605  executed, and the date the contract is due to expire or is
 8606  expected to expire.
 8607         5. The commencement date for project operations under the
 8608  contract in this state.
 8609         6. The number of net new full-time equivalent Florida jobs
 8610  included in the project as of December 31 of each year and the
 8611  average wage of such jobs.
 8612         7. The total number of full-time equivalent employees
 8613  employed by the applicant in this state.
 8614         8. The percentage of the applicant’s gross receipts derived
 8615  from Department of Defense contracts during the 5 taxable years
 8616  immediately preceding the date the application is submitted.
 8617         9. The number of full-time equivalent jobs in this state to
 8618  be retained by the project.
 8619         10. A brief statement concerning the applicant’s need for
 8620  tax refunds, and the proposed uses of such refunds by the
 8621  applicant.
 8622         11. A resolution adopted by the governing board of the
 8623  county or municipality in which the project will be located,
 8624  which recommends the applicant be approved as a qualified
 8625  applicant, and which indicates that the necessary commitments of
 8626  local financial support for the applicant exist. Prior to the
 8627  adoption of the resolution, the county commission may review the
 8628  proposed public or private sources of such support and determine
 8629  whether the proposed sources of local financial support can be
 8630  provided or, for any applicant whose project is located in a
 8631  county designated by the Rural Economic Development Initiative,
 8632  a resolution adopted by the county commissioners of such county
 8633  requesting that the applicant’s project be exempt from the local
 8634  financial support requirement.
 8635         12. Any additional information requested by Jobs Florida
 8636  the Office.
 8637         (c) Applications for certification based on the conversion
 8638  of defense production jobs to nondefense production jobs must be
 8639  submitted to Jobs Florida the Office as prescribed by Jobs
 8640  Florida the Office and must include, but are not limited to, the
 8641  following information:
 8642         1. The applicant’s federal employer identification number,
 8643  the applicant’s Florida sales tax registration number, and a
 8644  signature of an officer of the applicant.
 8645         2. The permanent location of the manufacturing, assembling,
 8646  fabricating, research, development, or design facility in this
 8647  state at which the project is or is to be located.
 8648         3. The Department of Defense contract numbers of the
 8649  contract under which the defense production jobs will be
 8650  converted to nondefense production jobs.
 8651         4. The date the contract was executed, and the date the
 8652  contract is due to expire or is expected to expire, or was
 8653  canceled.
 8654         5. The commencement date for the nondefense production
 8655  operations in this state.
 8656         6. The number of net new full-time equivalent Florida jobs
 8657  included in the nondefense production project as of December 31
 8658  of each year and the average wage of such jobs.
 8659         7. The total number of full-time equivalent employees
 8660  employed by the applicant in this state.
 8661         8. The percentage of the applicant’s gross receipts derived
 8662  from Department of Defense contracts during the 5 taxable years
 8663  immediately preceding the date the application is submitted.
 8664         9. The number of full-time equivalent jobs in this state to
 8665  be retained by the project.
 8666         10. A brief statement concerning the applicant’s need for
 8667  tax refunds, and the proposed uses of such refunds by the
 8668  applicant.
 8669         11. A resolution adopted by the governing board of the
 8670  county or municipality in which the project will be located,
 8671  which recommends the applicant be approved as a qualified
 8672  applicant, and which indicates that the necessary commitments of
 8673  local financial support for the applicant exist. Prior to the
 8674  adoption of the resolution, the county commission may review the
 8675  proposed public or private sources of such support and determine
 8676  whether the proposed sources of local financial support can be
 8677  provided or, for any applicant whose project is located in a
 8678  county designated by the Rural Economic Development Initiative,
 8679  a resolution adopted by the county commissioners of such county
 8680  requesting that the applicant’s project be exempt from the local
 8681  financial support requirement.
 8682         12. Any additional information requested by Jobs Florida
 8683  the Office.
 8684         (d) Applications for certification based on a contract for
 8685  reuse of a defense-related facility must be submitted to Jobs
 8686  Florida the Office as prescribed by Jobs Florida the office and
 8687  must include, but are not limited to, the following information:
 8688         1. The applicant’s Florida sales tax registration number
 8689  and a signature of an officer of the applicant.
 8690         2. The permanent location of the manufacturing, assembling,
 8691  fabricating, research, development, or design facility in this
 8692  state at which the project is or is to be located.
 8693         3. The business entity holding a valid Department of
 8694  Defense contract or branch of the Armed Forces of the United
 8695  States that previously occupied the facility, and the date such
 8696  entity last occupied the facility.
 8697         4. A copy of the contract to reuse the facility, or such
 8698  alternative proof as may be prescribed by Jobs Florida the
 8699  office that the applicant is seeking to contract for the reuse
 8700  of such facility.
 8701         5. The date the contract to reuse the facility was executed
 8702  or is expected to be executed, and the date the contract is due
 8703  to expire or is expected to expire.
 8704         6. The commencement date for project operations under the
 8705  contract in this state.
 8706         7. The number of net new full-time equivalent Florida jobs
 8707  included in the project as of December 31 of each year and the
 8708  average wage of such jobs.
 8709         8. The total number of full-time equivalent employees
 8710  employed by the applicant in this state.
 8711         9. The number of full-time equivalent jobs in this state to
 8712  be retained by the project.
 8713         10. A brief statement concerning the applicant’s need for
 8714  tax refunds, and the proposed uses of such refunds by the
 8715  applicant.
 8716         11. A resolution adopted by the governing board of the
 8717  county or municipality in which the project will be located,
 8718  which recommends the applicant be approved as a qualified
 8719  applicant, and which indicates that the necessary commitments of
 8720  local financial support for the applicant exist. Prior to the
 8721  adoption of the resolution, the county commission may review the
 8722  proposed public or private sources of such support and determine
 8723  whether the proposed sources of local financial support can be
 8724  provided or, for any applicant whose project is located in a
 8725  county designated by the Rural Economic Development Initiative,
 8726  a resolution adopted by the county commissioners of such county
 8727  requesting that the applicant’s project be exempt from the local
 8728  financial support requirement.
 8729         12. Any additional information requested by Jobs Florida
 8730  the Office.
 8731         (e) To qualify for review by Jobs Florida the Office, the
 8732  application of an applicant must, at a minimum, establish the
 8733  following to the satisfaction of the office:
 8734         1. The jobs proposed to be provided under the application,
 8735  pursuant to subparagraph (b)6., subparagraph (c)6., or
 8736  subparagraph (j)6., must pay an estimated annual average wage
 8737  equaling at least 115 percent of the average wage in the area
 8738  where the project is to be located.
 8739         2. The consolidation of a Department of Defense contract
 8740  must result in a net increase of at least 25 percent in the
 8741  number of jobs at the applicant’s facilities in this state or
 8742  the addition of at least 80 jobs at the applicant’s facilities
 8743  in this state.
 8744         3. The conversion of defense production jobs to nondefense
 8745  production jobs must result in net increases in nondefense
 8746  employment at the applicant’s facilities in this state.
 8747         4. The Department of Defense contract or the space flight
 8748  business contract cannot allow the business to include the costs
 8749  of relocation or retooling in its base as allowable costs under
 8750  a cost-plus, or similar, contract.
 8751         5. A business unit of the applicant must have derived not
 8752  less than 60 percent of its gross receipts in this state from
 8753  Department of Defense contracts or space flight business
 8754  contracts over the applicant’s last fiscal year, and must have
 8755  derived not less than an average of 60 percent of its gross
 8756  receipts in this state from Department of Defense contracts or
 8757  space flight business contracts over the 5 years preceding the
 8758  date an application is submitted pursuant to this section. This
 8759  subparagraph does not apply to any application for certification
 8760  based on a contract for reuse of a defense-related facility.
 8761         6. The reuse of a defense-related facility must result in
 8762  the creation of at least 100 jobs at such facility.
 8763         7. A new space flight business contract or the
 8764  consolidation of a space flight business contract must result in
 8765  net increases in space flight business employment at the
 8766  applicant’s facilities in this state.
 8767         (f) Each application meeting the requirements of paragraphs
 8768  (b) and (e), paragraphs (c) and (e), paragraphs (d) and (e), or
 8769  paragraphs (e) and (j) must be submitted to Jobs Florida the
 8770  office for a determination of eligibility. Jobs Florida the
 8771  Office shall review and evaluate each application based on, but
 8772  not limited to, the following criteria:
 8773         1. Expected contributions to the state strategic economic
 8774  development plan adopted by the Jobs Florida Partnership
 8775  Enterprise Florida, Inc., taking into account the extent to
 8776  which the project contributes to the state’s high-technology
 8777  base, and the long-term impact of the project and the applicant
 8778  on the state’s economy.
 8779         2. The economic benefit of the jobs created or retained by
 8780  the project in this state, taking into account the cost and
 8781  average wage of each job created or retained, and the potential
 8782  risk to existing jobs.
 8783         3. The amount of capital investment to be made by the
 8784  applicant in this state.
 8785         4. The local commitment and support for the project and
 8786  applicant.
 8787         5. The impact of the project on the local community, taking
 8788  into account the unemployment rate for the county where the
 8789  project will be located.
 8790         6. The dependence of the local community on the defense
 8791  industry or space flight business.
 8792         7. The impact of any tax refunds granted pursuant to this
 8793  section on the viability of the project and the probability that
 8794  the project will occur in this state if such tax refunds are
 8795  granted to the applicant, taking into account the expected long
 8796  term commitment of the applicant to economic growth and
 8797  employment in this state.
 8798         8. The length of the project, or the expected long-term
 8799  commitment to this state resulting from the project.
 8800         (g) Applications shall be reviewed and certified pursuant
 8801  to s. 288.061. If appropriate, Jobs Florida the director shall
 8802  enter into a written agreement with the qualified applicant
 8803  pursuant to subsection (4).
 8804         (h) Jobs Florida The director may not certify any applicant
 8805  as a qualified applicant when the value of tax refunds to be
 8806  included in that letter of certification exceeds the available
 8807  amount of authority to certify new businesses as determined in
 8808  s. 288.095(3). A letter of certification that approves an
 8809  application must specify the maximum amount of a tax refund that
 8810  is to be available to the contractor for each fiscal year and
 8811  the total amount of tax refunds for all fiscal years.
 8812         (i) This section does not create a presumption that an
 8813  applicant should receive any tax refunds under this section.
 8814         (j) Applications for certification based upon a new space
 8815  flight business contract or the consolidation of a space flight
 8816  business contract must be submitted to Jobs Florida the office
 8817  as prescribed by Jobs Florida the office and must include, but
 8818  are not limited to, the following information:
 8819         1. The applicant’s federal employer identification number,
 8820  the applicant’s Florida sales tax registration number, and a
 8821  signature of an officer of the applicant.
 8822         2. The permanent location of the space flight business
 8823  facility in this state where the project is or will be located.
 8824         3. The new space flight business contract number, the space
 8825  flight business contract numbers of the contract to be
 8826  consolidated, or the request-for-proposal number of a proposed
 8827  space flight business contract.
 8828         4. The date the contract was executed and the date the
 8829  contract is due to expire, is expected to expire, or was
 8830  canceled.
 8831         5. The commencement date for project operations under the
 8832  contract in this state.
 8833         6. The number of net new full-time equivalent Florida jobs
 8834  included in the project as of December 31 of each year and the
 8835  average wage of such jobs.
 8836         7. The total number of full-time equivalent employees
 8837  employed by the applicant in this state.
 8838         8. The percentage of the applicant’s gross receipts derived
 8839  from space flight business contracts during the 5 taxable years
 8840  immediately preceding the date the application is submitted.
 8841         9. The number of full-time equivalent jobs in this state to
 8842  be retained by the project.
 8843         10. A brief statement concerning the applicant’s need for
 8844  tax refunds and the proposed uses of such refunds by the
 8845  applicant.
 8846         11. A resolution adopted by the governing board of the
 8847  county or municipality in which the project will be located
 8848  which recommends the applicant be approved as a qualified
 8849  applicant and indicates that the necessary commitments of local
 8850  financial support for the applicant exist. Prior to the adoption
 8851  of the resolution, the county commission may review the proposed
 8852  public or private sources of such support and determine whether
 8853  the proposed sources of local financial support can be provided
 8854  or, for any applicant whose project is located in a county
 8855  designated by the Rural Economic Development Initiative, a
 8856  resolution adopted by the county commissioners of such county
 8857  requesting that the applicant’s project be exempt from the local
 8858  financial support requirement.
 8859         12. Any additional information requested by Jobs Florida
 8860  the office.
 8861         (4) QUALIFIED APPLICANT TAX REFUND AGREEMENT.—
 8862         (a) A qualified applicant shall enter into a written
 8863  agreement with Jobs Florida the Office containing, but not
 8864  limited to, the following:
 8865         1. The total number of full-time equivalent jobs in this
 8866  state that are or will be dedicated to the qualified applicant’s
 8867  project, the average wage of such jobs, the definitions that
 8868  will apply for measuring the achievement of these terms during
 8869  the pendency of the agreement, and a time schedule or plan for
 8870  when such jobs will be in place and active in this state.
 8871         2. The maximum amount of a refund that the qualified
 8872  applicant is eligible to receive for each fiscal year, based on
 8873  the job creation or retention and maintenance schedule specified
 8874  in subparagraph 1.
 8875         3. An agreement with Jobs Florida the Office allowing Jobs
 8876  Florida the Office to review and verify the financial and
 8877  personnel records of the qualified applicant to ascertain
 8878  whether the qualified applicant is complying with the
 8879  requirements of this section.
 8880         4. The date by which, in each fiscal year, the qualified
 8881  applicant may file a claim pursuant to subsection (5) to be
 8882  considered to receive a tax refund in the following fiscal year.
 8883         5. That local financial support shall be annually available
 8884  and will be paid to the Economic Development Trust Fund.
 8885         (b) Compliance with the terms and conditions of the
 8886  agreement is a condition precedent for receipt of tax refunds
 8887  each year. The failure to comply with the terms and conditions
 8888  of the agreement shall result in the loss of eligibility for
 8889  receipt of all tax refunds previously authorized pursuant to
 8890  this section, and the revocation of the certification as a
 8891  qualified applicant by Jobs Florida the director, unless the
 8892  qualified applicant is eligible to receive and elects to accept
 8893  a prorated refund under paragraph (5)(g) or Jobs Florida the
 8894  Office grants the qualified applicant an economic-stimulus
 8895  exemption.
 8896         1. A qualified applicant may submit, in writing, a request
 8897  to Jobs Florida the Office for an economic-stimulus exemption.
 8898  The request must provide quantitative evidence demonstrating how
 8899  negative economic conditions in the qualified applicant’s
 8900  industry, the effects of the impact of a named hurricane or
 8901  tropical storm, or specific acts of terrorism affecting the
 8902  qualified applicant have prevented the qualified applicant from
 8903  complying with the terms and conditions of its tax refund
 8904  agreement.
 8905         2. Upon receipt of a request under subparagraph 1., Jobs
 8906  Florida the director shall have 45 days to notify the requesting
 8907  qualified applicant, in writing, if its exemption has been
 8908  granted or denied. In determining if an exemption should be
 8909  granted, Jobs Florida the director shall consider the extent to
 8910  which negative economic conditions in the requesting qualified
 8911  applicant’s industry, the effects of the impact of a named
 8912  hurricane or tropical storm, or specific acts of terrorism
 8913  affecting the qualified applicant have prevented the qualified
 8914  applicant from complying with the terms and conditions of its
 8915  tax refund agreement.
 8916         3. As a condition for receiving a prorated refund under
 8917  paragraph (5)(g) or an economic-stimulus exemption under this
 8918  paragraph, a qualified applicant must agree to renegotiate its
 8919  tax refund agreement with Jobs Florida the Office to, at a
 8920  minimum, ensure that the terms of the agreement comply with
 8921  current law and the Office procedures of Jobs Florida governing
 8922  application for and award of tax refunds. Upon approving the
 8923  award of a prorated refund or granting an economic-stimulus
 8924  exemption, Jobs Florida the Office shall renegotiate the tax
 8925  refund agreement with the qualified applicant as required by
 8926  this subparagraph. When amending the agreement of a qualified
 8927  applicant receiving an economic-stimulus exemption, Jobs Florida
 8928  the Office may extend the duration of the agreement for a period
 8929  not to exceed 2 years.
 8930         4. A qualified applicant may submit a request for an
 8931  economic-stimulus exemption to the Office in lieu of any tax
 8932  refund claim scheduled to be submitted after January 1, 2005,
 8933  but before July 1, 2006.
 8934         4.5. A qualified applicant that receives an economic
 8935  stimulus exemption may not receive a tax refund for the period
 8936  covered by the exemption.
 8937         (c) The agreement shall be signed by the commissioner
 8938  director and the authorized officer of the qualified applicant.
 8939         (d) The agreement must contain the following legend,
 8940  clearly printed on its face in bold type of not less than 10
 8941  points:
 8942  
 8943         “This agreement is neither a general obligation of the
 8944         State of Florida, nor is it backed by the full faith
 8945         and credit of the State of Florida. Payment of tax
 8946         refunds are conditioned on and subject to specific
 8947         annual appropriations by the Florida Legislature of
 8948         funds sufficient to pay amounts authorized in s.
 8949         288.1045, Florida Statutes.”
 8950  
 8951         (5) ANNUAL CLAIM FOR REFUND.—
 8952         (a) To be eligible to claim any scheduled tax refund,
 8953  qualified applicants who have entered into a written agreement
 8954  with Jobs Florida the Office pursuant to subsection (4) and who
 8955  have entered into a valid new Department of Defense contract,
 8956  entered into a valid new space flight business contract,
 8957  commenced the consolidation of a space flight business contract,
 8958  commenced the consolidation of a Department of Defense contract,
 8959  commenced the conversion of defense production jobs to
 8960  nondefense production jobs, or entered into a valid contract for
 8961  reuse of a defense-related facility must apply by January 31 of
 8962  each fiscal year to Jobs Florida the Office for tax refunds
 8963  scheduled to be paid from the appropriation for the fiscal year
 8964  that begins on July 1 following the January 31 claims-submission
 8965  date. Jobs Florida The Office may, upon written request, grant a
 8966  30-day extension of the filing date. The application must
 8967  include a notarized signature of an officer of the applicant.
 8968         (d) Jobs Florida The director, with assistance from the
 8969  Office, the Department of Revenue, and the Agency for Workforce
 8970  Innovation, shall, by June 30 following the scheduled date for
 8971  submitting the tax refund claim, specify by written order the
 8972  approval or disapproval of the tax refund claim and, if
 8973  approved, the amount of the tax refund that is authorized to be
 8974  paid to the qualified applicant for the annual tax refund. Jobs
 8975  Florida The Office may grant an extension of this date upon the
 8976  request of the qualified applicant for the purpose of filing
 8977  additional information in support of the claim.
 8978         (e) The total amount of tax refunds approved by Jobs
 8979  Florida the director under this section in any fiscal year may
 8980  not exceed the amount authorized under s. 288.095(3).
 8981         (g) A prorated tax refund, less a 5 percent penalty, shall
 8982  be approved for a qualified applicant provided all other
 8983  applicable requirements have been satisfied and the applicant
 8984  proves to the satisfaction of Jobs Florida the director that it
 8985  has achieved at least 80 percent of its projected employment and
 8986  that the average wage paid by the qualified applicant is at
 8987  least 90 percent of the average wage specified in the tax refund
 8988  agreement, but in no case less than 115 percent of the average
 8989  private sector wage in the area available at the time of
 8990  certification. The prorated tax refund shall be calculated by
 8991  multiplying the tax refund amount for which the qualified
 8992  applicant would have been eligible, if all applicable
 8993  requirements had been satisfied, by the percentage of the
 8994  average employment specified in the tax refund agreement which
 8995  was achieved, and by the percentage of the average wages
 8996  specified in the tax refund agreement which was achieved.
 8997         (6) ADMINISTRATION.—
 8998         (a) Jobs Florida The Office may adopt rules pursuant to
 8999  chapter 120 for the administration of this section.
 9000         (b) Jobs Florida The Office may verify information provided
 9001  in any claim submitted for tax credits under this section with
 9002  regard to employment and wage levels or the payment of the taxes
 9003  with the appropriate agency or authority including the
 9004  Department of Revenue, Jobs Florida the Agency for Workforce
 9005  Innovation, or any local government or authority.
 9006         (c) To facilitate the process of monitoring and auditing
 9007  applications made under this program, Jobs Florida the Office
 9008  may provide a list of qualified applicants to the Department of
 9009  Revenue, to the Agency for Workforce Innovation, or to any local
 9010  government or authority. Jobs Florida the Office may request the
 9011  assistance of said entities with respect to monitoring jobs,
 9012  wages, and the payment of the taxes listed in subsection (2).
 9013         (7) Notwithstanding paragraphs (4)(a) and (5)(c), the
 9014  Office may approve a waiver of the local financial support
 9015  requirement for a business located in any of the following
 9016  counties in which businesses received emergency loans
 9017  administered by the Office in response to the named hurricanes
 9018  of 2004: Bay, Brevard, Charlotte, DeSoto, Escambia, Flagler,
 9019  Glades, Hardee, Hendry, Highlands, Indian River, Lake, Lee,
 9020  Martin, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Polk,
 9021  Putnam, Santa Rosa, Seminole, St. Lucie, Volusia, and Walton. A
 9022  waiver may be granted only if the Office determines that the
 9023  local financial support cannot be provided or that doing so
 9024  would effect a demonstrable hardship on the unit of local
 9025  government providing the local financial support. If the Office
 9026  grants a waiver of the local financial support requirement, the
 9027  state shall pay 100 percent of the refund due to an eligible
 9028  business. The waiver shall apply for tax refund applications
 9029  made for fiscal years 2004-2005, 2005-2006, and 2006-2007.
 9030         (7)(8) EXPIRATION.—An applicant may not be certified as
 9031  qualified under this section after June 30, 2014. A tax refund
 9032  agreement existing on that date shall continue in effect in
 9033  accordance with its terms.
 9034         Section 144. Paragraphs (d), (f), (n), (p), (r), and (t) of
 9035  subsection (2), paragraphs (a), (b), and (f) of subsection (3),
 9036  subsection (4), paragraphs (a), (b), and (c) of subsection (5),
 9037  paragraphs (a), (c), (f), and (g) of subsection (6), and
 9038  subsection (7) of section 288.106, Florida Statutes, are
 9039  amended, and present paragraphs (g) through (u) of subsection
 9040  (2) are redesignated as paragraphs (f) through (n),
 9041  respectively, to read:
 9042         288.106 Tax refund program for qualified target industry
 9043  businesses.—
 9044         (2) DEFINITIONS.—As used in this section:
 9045         (d) “Business” means an employing unit, as defined in s.
 9046  443.036, that is registered for unemployment compensation
 9047  purposes with the state agency providing unemployment tax
 9048  collection services under contract with the Agency for Workforce
 9049  Innovation through an interagency agreement pursuant to s.
 9050  443.1316, or a subcategory or division of an employing unit that
 9051  is accepted by the state agency providing unemployment tax
 9052  collection services as a reporting unit.
 9053         (f) “Director” means the Director of the Office of Tourism,
 9054  Trade, and Economic Development.
 9055         (n) “Office” means the Office of Tourism, Trade, and
 9056  Economic Development.
 9057         (n)(p) “Qualified target industry business” means a target
 9058  industry business approved by Jobs Florida the Office to be
 9059  eligible for tax refunds under this section.
 9060         (q) “Return on investment” means the gain in state revenues
 9061  as a percentage of the state’s investment. The state’s
 9062  investment includes state grants, tax exemptions, tax refunds,
 9063  tax credits, and other state incentives.
 9064         (o)(r) “Rural city” means a city having a population of
 9065  10,000 or fewer, or a city having a population of greater than
 9066  10,000 but fewer than 20,000 that has been determined by Jobs
 9067  Florida the Office to have economic characteristics such as, but
 9068  not limited to, a significant percentage of residents on public
 9069  assistance, a significant percentage of residents with income
 9070  below the poverty level, or a significant percentage of the
 9071  city’s employment base in agriculture-related industries.
 9072         (q)(t) “Target industry business” means a corporate
 9073  headquarters business or any business that is engaged in one of
 9074  the target industries identified pursuant to the following
 9075  criteria developed by Jobs Florida the Office in consultation
 9076  with the Jobs Florida Partnership Enterprise Florida, Inc.:
 9077         1. Future growth.—Industry forecasts should indicate strong
 9078  expectation for future growth in both employment and output,
 9079  according to the most recent available data. Special
 9080  consideration should be given to businesses that export goods
 9081  to, or provide services in, international markets and businesses
 9082  that replace domestic and international imports of goods or
 9083  services.
 9084         2. Stability.—The industry should not be subject to
 9085  periodic layoffs, whether due to seasonality or sensitivity to
 9086  volatile economic variables such as weather. The industry should
 9087  also be relatively resistant to recession, so that the demand
 9088  for products of this industry is not typically subject to
 9089  decline during an economic downturn.
 9090         3. High wage.—The industry should pay relatively high wages
 9091  compared to statewide or area averages.
 9092         4. Market and resource independent.—The location of
 9093  industry businesses should not be dependent on Florida markets
 9094  or resources as indicated by industry analysis, except for
 9095  businesses in the renewable energy industry.
 9096         5. Industrial base diversification and strengthening.—The
 9097  industry should contribute toward expanding or diversifying the
 9098  state’s or area’s economic base, as indicated by analysis of
 9099  employment and output shares compared to national and regional
 9100  trends. Special consideration should be given to industries that
 9101  strengthen regional economies by adding value to basic products
 9102  or building regional industrial clusters as indicated by
 9103  industry analysis. Special consideration should also be given to
 9104  the development of strong industrial clusters that include
 9105  defense and homeland security businesses.
 9106         6. Positive economic impact benefits.—The industry is
 9107  expected to have strong positive economic impacts on or benefits
 9108  to the state or regional economies.
 9109  
 9110  The term does not include any business engaged in retail
 9111  industry activities; any electrical utility company; any
 9112  phosphate or other solid minerals severance, mining, or
 9113  processing operation; any oil or gas exploration or production
 9114  operation; or any business subject to regulation by the Division
 9115  of Hotels and Restaurants of the Department of Business and
 9116  Professional Regulation. Any business within NAICS code 5611 or
 9117  5614, office administrative services and business support
 9118  services, respectively, may be considered a target industry
 9119  business only after the local governing body and the Jobs
 9120  Florida Partnership Enterprise Florida, Inc., make a
 9121  determination that the community where the business may locate
 9122  has conditions affecting the fiscal and economic viability of
 9123  the local community or area, including but not limited to,
 9124  factors such as low per capita income, high unemployment, high
 9125  underemployment, and a lack of year-round stable employment
 9126  opportunities, and such conditions may be improved by the
 9127  location of such a business to the community. By January 1 of
 9128  every 3rd year, beginning January 1, 2011, Jobs Florida the
 9129  Office, in consultation with the Jobs Florida Partnership
 9130  Enterprise Florida, Inc., economic development organizations,
 9131  the State University System, local governments, employee and
 9132  employer organizations, market analysts, and economists, shall
 9133  review and, as appropriate, revise the list of such target
 9134  industries and submit the list to the Governor, the President of
 9135  the Senate, and the Speaker of the House of Representatives.
 9136         (3) TAX REFUND; ELIGIBLE AMOUNTS.—
 9137         (a) There shall be allowed, from the account, a refund to a
 9138  qualified target industry business for the amount of eligible
 9139  taxes certified by Jobs Florida the Office that were paid by the
 9140  business. The total amount of refunds for all fiscal years for
 9141  each qualified target industry business must be determined
 9142  pursuant to subsection (4). The annual amount of a refund to a
 9143  qualified target industry business must be determined pursuant
 9144  to subsection (6).
 9145         (b)1. Upon approval by Jobs Florida the Office, a qualified
 9146  target industry business shall be allowed tax refund payments
 9147  equal to $3,000 multiplied by the number of jobs specified in
 9148  the tax refund agreement under subparagraph (5)(a)1., or equal
 9149  to $6,000 multiplied by the number of jobs if the project is
 9150  located in a rural community or an enterprise zone.
 9151         2. A qualified target industry business shall be allowed
 9152  additional tax refund payments equal to $1,000 multiplied by the
 9153  number of jobs specified in the tax refund agreement under
 9154  subparagraph (5)(a)1. if such jobs pay an annual average wage of
 9155  at least 150 percent of the average private sector wage in the
 9156  area, or equal to $2,000 multiplied by the number of jobs if
 9157  such jobs pay an annual average wage of at least 200 percent of
 9158  the average private sector wage in the area.
 9159         3. A qualified target industry business shall be allowed
 9160  tax refund payments in addition to the other payments authorized
 9161  in this paragraph equal to $1,000 multiplied by the number of
 9162  jobs specified in the tax refund agreement under subparagraph
 9163  (5)(a)1. if the local financial support is equal to that of the
 9164  state’s incentive award under subparagraph 1.
 9165         4. In addition to the other tax refund payments authorized
 9166  in this paragraph, a qualified target industry business shall be
 9167  allowed a tax refund payment equal to $2,000 multiplied by the
 9168  number of jobs specified in the tax refund agreement under
 9169  subparagraph (5)(a)1. if the business:
 9170         a. Falls within one of the high-impact sectors designated
 9171  under s. 288.108; or
 9172         b. Increases exports of its goods through a seaport or
 9173  airport in the state by at least 10 percent in value or tonnage
 9174  in each of the years that the business receives a tax refund
 9175  under this section. For purposes of this sub-subparagraph,
 9176  seaports in the state are limited to the ports of Jacksonville,
 9177  Tampa, Port Everglades, Miami, Port Canaveral, Ft. Pierce, Palm
 9178  Beach, Port Manatee, Port St. Joe, Panama City, St. Petersburg,
 9179  Pensacola, Fernandina, and Key West.
 9180         (f) Refunds made available under this section may not be
 9181  expended in connection with the relocation of a business from
 9182  one community to another community in the state unless Jobs
 9183  Florida the Office determines that, without such relocation, the
 9184  business will move outside the state or determines that the
 9185  business has a compelling economic rationale for relocation and
 9186  that the relocation will create additional jobs.
 9187         (4) APPLICATION AND APPROVAL PROCESS.—
 9188         (a) To apply for certification as a qualified target
 9189  industry business under this section, the business must file an
 9190  application with Jobs Florida the Office before the business
 9191  decides to locate in this state or before the business decides
 9192  to expand its existing operations in this state. The application
 9193  must include, but need not be limited to, the following
 9194  information:
 9195         1. The applicant’s federal employer identification number
 9196  and, if applicable, state sales tax registration number.
 9197         2. The proposed permanent location of the applicant’s
 9198  facility in this state at which the project is to be located.
 9199         3. A description of the type of business activity or
 9200  product covered by the project, including a minimum of a five
 9201  digit NAICS code for all activities included in the project. As
 9202  used in this paragraph, “NAICS” means those classifications
 9203  contained in the North American Industry Classification System,
 9204  as published in 2007 by the Office of Management and Budget,
 9205  Executive Office of the President, and updated periodically.
 9206         4. The proposed number of net new full-time equivalent
 9207  Florida jobs at the qualified target industry business as of
 9208  December 31 of each year included in the project and the average
 9209  wage of those jobs. If more than one type of business activity
 9210  or product is included in the project, the number of jobs and
 9211  average wage for those jobs must be separately stated for each
 9212  type of business activity or product.
 9213         5. The total number of full-time equivalent employees
 9214  employed by the applicant in this state, if applicable.
 9215         6. The anticipated commencement date of the project.
 9216         7. A brief statement explaining the role that the estimated
 9217  tax refunds to be requested will play in the decision of the
 9218  applicant to locate or expand in this state.
 9219         8. An estimate of the proportion of the sales resulting
 9220  from the project that will be made outside this state.
 9221         9. An estimate of the proportion of the cost of the
 9222  machinery and equipment, and any other resources necessary in
 9223  the development of its product or service, to be used by the
 9224  business in its Florida operations which will be purchased
 9225  outside this state.
 9226         10. A resolution adopted by the governing board of the
 9227  county or municipality in which the project will be located,
 9228  which resolution recommends that the project be approved as a
 9229  qualified target industry business and specifies that the
 9230  commitments of local financial support necessary for the target
 9231  industry business exist. Before the passage of such resolution,
 9232  Jobs Florida the office may also accept an official letter from
 9233  an authorized local economic development agency that endorses
 9234  the proposed target industry project and pledges that sources of
 9235  local financial support for such project exist. For the purposes
 9236  of making pledges of local financial support under this
 9237  subparagraph, the authorized local economic development agency
 9238  shall be officially designated by the passage of a one-time
 9239  resolution by the local governing board.
 9240         11. Any additional information requested by Jobs Florida
 9241  the Office.
 9242         (b) To qualify for review by Jobs Florida the Office, the
 9243  application of a target industry business must, at a minimum,
 9244  establish the following to the satisfaction of Jobs Florida the
 9245  office:
 9246         1.a. The jobs proposed to be created under the application,
 9247  pursuant to subparagraph (a)4., must pay an estimated annual
 9248  average wage equaling at least 115 percent of the average
 9249  private sector wage in the area where the business is to be
 9250  located or the statewide private sector average wage. The
 9251  governing board of the county where the qualified target
 9252  industry business is to be located shall notify Jobs Florida the
 9253  Office and the Jobs Florida Partnership Enterprise Florida,
 9254  Inc., which calculation of the average private sector wage in
 9255  the area must be used as the basis for the business’s wage
 9256  commitment. In determining the average annual wage, Jobs Florida
 9257  the Office shall include only new proposed jobs, and wages for
 9258  existing jobs shall be excluded from this calculation.
 9259         b. Jobs Florida the Office may waive the average wage
 9260  requirement at the request of the local governing body
 9261  recommending the project and the Jobs Florida Partnership
 9262  Enterprise Florida, Inc. Jobs Florida the Office may waive the
 9263  wage requirement for a project located in a brownfield area
 9264  designated under s. 376.80, in a rural city, in a rural
 9265  community, in an enterprise zone, or for a manufacturing project
 9266  at any location in the state if the jobs proposed to be created
 9267  pay an estimated annual average wage equaling at least 100
 9268  percent of the average private sector wage in the area where the
 9269  business is to be located, only if the merits of the individual
 9270  project or the specific circumstances in the community in
 9271  relationship to the project warrant such action. If the local
 9272  governing body and the Jobs Florida Partnership Enterprise
 9273  Florida, Inc., make such a recommendation, it must be
 9274  transmitted in writing, and the specific justification for the
 9275  waiver recommendation must be explained. If Jobs Florida the
 9276  Office elects to waive the wage requirement, the waiver must be
 9277  stated in writing, and the reasons for granting the waiver must
 9278  be explained.
 9279         2. The target industry business’s project must result in
 9280  the creation of at least 10 jobs at the project and, in the case
 9281  of an expansion of an existing business, must result in a net
 9282  increase in employment of at least 10 percent at the business.
 9283  At the request of the local governing body recommending the
 9284  project and the Jobs Florida Partnership Enterprise Florida,
 9285  Inc., Jobs Florida the Office may waive this requirement for a
 9286  business in a rural community or enterprise zone if the merits
 9287  of the individual project or the specific circumstances in the
 9288  community in relationship to the project warrant such action. If
 9289  the local governing body and the Jobs Florida Partnership, Inc.,
 9290  Enterprise Florida, Inc., make such a request, the request must
 9291  be transmitted in writing, and the specific justification for
 9292  the request must be explained. If Jobs Florida the Office elects
 9293  to grant the request, the grant must be stated in writing, and
 9294  the reason for granting the request must be explained.
 9295         3. The business activity or product for the applicant’s
 9296  project must be within an industry identified by Jobs Florida
 9297  the Office as a target industry business that contributes to the
 9298  economic growth of the state and the area in which the business
 9299  is located, that produces a higher standard of living for
 9300  residents of this state in the new global economy, or that can
 9301  be shown to make an equivalent contribution to the area’s and
 9302  state’s economic progress.
 9303         (c) Each application meeting the requirements of paragraph
 9304  (b) must be submitted to Jobs Florida the Office for
 9305  determination of eligibility. Jobs Florida the Office shall
 9306  review and evaluate each application based on, but not limited
 9307  to, the following criteria:
 9308         1. Expected contributions to the state’s economy,
 9309  consistent with the state strategic economic development plan
 9310  adopted by the Jobs Florida Partnership, Inc. Enterprise
 9311  Florida, Inc.
 9312         2. The economic benefits return on investment of the
 9313  proposed award of tax refunds under this section and the
 9314  economic benefits of return on investment for state incentives
 9315  proposed for the project. The term “economic benefits” has the
 9316  same meaning as in s. 288.005. The Office of Economic and
 9317  Demographic Research shall review and evaluate the methodology
 9318  and model used to calculate the economic benefits return on
 9319  investment and shall report its findings by September 1 of every
 9320  3rd year, beginning September 1, 2010, to the President of the
 9321  Senate and the Speaker of the House of Representatives.
 9322         3. The amount of capital investment to be made by the
 9323  applicant in this state.
 9324         4. The local financial commitment and support for the
 9325  project.
 9326         5. The effect of the project on the unemployment rate in
 9327  the county where the project will be located.
 9328         6. The effect of the award on the viability of the project
 9329  and the probability that the project would be undertaken in this
 9330  state if such tax refunds are granted to the applicant.
 9331         7. The expected long-term commitment of the applicant to
 9332  economic growth and employment in this state resulting from the
 9333  project.
 9334         8. A review of the business’s past activities in this state
 9335  or other states, including whether such business has been
 9336  subjected to criminal or civil fines and penalties. This
 9337  subparagraph does not require the disclosure of confidential
 9338  information.
 9339         (d) Applications shall be reviewed and certified pursuant
 9340  to s. 288.061. Jobs Florida the Office shall include in its
 9341  review projections of the tax refunds the business would be
 9342  eligible to receive in each fiscal year based on the creation
 9343  and maintenance of the net new Florida jobs specified in
 9344  subparagraph (a)4. as of December 31 of the preceding state
 9345  fiscal year. If appropriate, Jobs Florida the Office shall enter
 9346  into a written agreement with the qualified target industry
 9347  business pursuant to subsection (5).
 9348         (e) Jobs Florida the Office may not certify any target
 9349  industry business as a qualified target industry business if the
 9350  value of tax refunds to be included in that letter of
 9351  certification exceeds the available amount of authority to
 9352  certify new businesses as determined in s. 288.095(3). However,
 9353  if the commitments of local financial support represent less
 9354  than 20 percent of the eligible tax refund payments, or to
 9355  otherwise preserve the viability and fiscal integrity of the
 9356  program, Jobs Florida the office may certify a qualified target
 9357  industry business to receive tax refund payments of less than
 9358  the allowable amounts specified in paragraph (3)(b). A letter of
 9359  certification that approves an application must specify the
 9360  maximum amount of tax refund that will be available to the
 9361  qualified industry business in each fiscal year and the total
 9362  amount of tax refunds that will be available to the business for
 9363  all fiscal years.
 9364         (f) This section does not create a presumption that an
 9365  applicant will receive any tax refunds under this section.
 9366  However, Jobs Florida the Office may issue nonbinding opinion
 9367  letters, upon the request of prospective applicants, as to the
 9368  applicants’ eligibility and the potential amount of refunds.
 9369         (5) TAX REFUND AGREEMENT.—
 9370         (a) Each qualified target industry business must enter into
 9371  a written agreement with Jobs Florida the Office that specifies,
 9372  at a minimum:
 9373         1. The total number of full-time equivalent jobs in this
 9374  state that will be dedicated to the project, the average wage of
 9375  those jobs, the definitions that will apply for measuring the
 9376  achievement of these terms during the pendency of the agreement,
 9377  and a time schedule or plan for when such jobs will be in place
 9378  and active in this state.
 9379         2. The maximum amount of tax refunds that the qualified
 9380  target industry business is eligible to receive on the project
 9381  and the maximum amount of a tax refund that the qualified target
 9382  industry business is eligible to receive for each fiscal year,
 9383  based on the job creation and maintenance schedule specified in
 9384  subparagraph 1.
 9385         3. That Jobs Florida the Office may review and verify the
 9386  financial and personnel records of the qualified target industry
 9387  business to ascertain whether that business is in compliance
 9388  with this section.
 9389         4. The date by which, in each fiscal year, the qualified
 9390  target industry business may file a claim under subsection (6)
 9391  to be considered to receive a tax refund in the following fiscal
 9392  year.
 9393         5. That local financial support will be annually available
 9394  and will be paid to the account. Jobs Florida the Office may not
 9395  enter into a written agreement with a qualified target industry
 9396  business if the local financial support resolution is not passed
 9397  by the local governing body within 90 days after Jobs Florida
 9398  the Office has issued the letter of certification under
 9399  subsection (4).
 9400         6. That Jobs Florida the Office may conduct a review of the
 9401  business to evaluate whether the business is continuing to
 9402  contribute to the area’s or state’s economy.
 9403         7. That in the event the business does not complete the
 9404  agreement, the business will provide Jobs Florida the Office
 9405  with the reasons the business was unable to complete the
 9406  agreement.
 9407         (b) Compliance with the terms and conditions of the
 9408  agreement is a condition precedent for the receipt of a tax
 9409  refund each year. The failure to comply with the terms and
 9410  conditions of the tax refund agreement results in the loss of
 9411  eligibility for receipt of all tax refunds previously authorized
 9412  under this section and the revocation by Jobs Florida the Office
 9413  of the certification of the business entity as a qualified
 9414  target industry business, unless the business is eligible to
 9415  receive and elects to accept a prorated refund under paragraph
 9416  (6)(e) or Jobs Florida the Office grants the business an
 9417  economic recovery extension.
 9418         1. A qualified target industry business may submit a
 9419  request to Jobs Florida the Office for an economic recovery
 9420  extension. The request must provide quantitative evidence
 9421  demonstrating how negative economic conditions in the business’s
 9422  industry, the effects of a named hurricane or tropical storm, or
 9423  specific acts of terrorism affecting the qualified target
 9424  industry business have prevented the business from complying
 9425  with the terms and conditions of its tax refund agreement.
 9426         2. Upon receipt of a request under subparagraph 1., Jobs
 9427  Florida the Office has 45 days to notify the requesting
 9428  business, in writing, whether its extension has been granted or
 9429  denied. In determining whether an extension should be granted,
 9430  Jobs Florida the Office shall consider the extent to which
 9431  negative economic conditions in the requesting business’s
 9432  industry have occurred in the state or the effects of a named
 9433  hurricane or tropical storm or specific acts of terrorism
 9434  affecting the qualified target industry business have prevented
 9435  the business from complying with the terms and conditions of its
 9436  tax refund agreement. Jobs Florida the Office shall consider
 9437  current employment statistics for this state by industry,
 9438  including whether the business’s industry had substantial job
 9439  loss during the prior year, when determining whether an
 9440  extension shall be granted.
 9441         3. As a condition for receiving a prorated refund under
 9442  paragraph (6)(e) or an economic recovery extension under this
 9443  paragraph, a qualified target industry business must agree to
 9444  renegotiate its tax refund agreement with Jobs Florida the
 9445  Office to, at a minimum, ensure that the terms of the agreement
 9446  comply with current law and office procedures governing
 9447  application for and award of tax refunds. Upon approving the
 9448  award of a prorated refund or granting an economic recovery
 9449  extension, Jobs Florida the Office shall renegotiate the tax
 9450  refund agreement with the business as required by this
 9451  subparagraph. When amending the agreement of a business
 9452  receiving an economic recovery extension, Jobs Florida the
 9453  Office may extend the duration of the agreement for a period not
 9454  to exceed 2 years.
 9455         4. A qualified target industry business may submit a
 9456  request for an economic recovery extension to Jobs Florida the
 9457  Office in lieu of any tax refund claim scheduled to be submitted
 9458  after January 1, 2009, but before July 1, 2012.
 9459         5. A qualified target industry business that receives an
 9460  economic recovery extension may not receive a tax refund for the
 9461  period covered by the extension.
 9462         (c) The agreement must be signed by the commissioner
 9463  director and by an authorized officer of the qualified target
 9464  industry business within 120 days after the issuance of the
 9465  letter of certification under subsection (4), but not before
 9466  passage and receipt of the resolution of local financial
 9467  support. Jobs Florida The Office may grant an extension of this
 9468  period at the written request of the qualified target industry
 9469  business.
 9470         (6) ANNUAL CLAIM FOR REFUND.—
 9471         (a) To be eligible to claim any scheduled tax refund, a
 9472  qualified target industry business that has entered into a tax
 9473  refund agreement with Jobs Florida the Office under subsection
 9474  (5) must apply by January 31 of each fiscal year to Jobs Florida
 9475  the office for the tax refund scheduled to be paid from the
 9476  appropriation for the fiscal year that begins on July 1
 9477  following the January 31 claims-submission date. Jobs Florida
 9478  The Office may, upon written request, grant a 30-day extension
 9479  of the filing date.
 9480         (c) Jobs Florida the Office may waive the requirement for
 9481  proof of taxes paid in future years for a qualified target
 9482  industry business that provides the office with proof that, in a
 9483  single year, the business has paid an amount of state taxes from
 9484  the categories in paragraph (3)(d) that is at least equal to the
 9485  total amount of tax refunds that the business may receive
 9486  through successful completion of its tax refund agreement.
 9487         (f) Jobs Florida the Office, with such assistance as may be
 9488  required from the Department of Revenue or the Agency for
 9489  Workforce Innovation, shall, by June 30 following the scheduled
 9490  date for submission of the tax refund claim, specify by written
 9491  order the approval or disapproval of the tax refund claim and,
 9492  if approved, the amount of the tax refund that is authorized to
 9493  be paid to the qualified target industry business for the annual
 9494  tax refund. Jobs Florida the Office may grant an extension of
 9495  this date on the request of the qualified target industry
 9496  business for the purpose of filing additional information in
 9497  support of the claim.
 9498         (g) The total amount of tax refund claims approved by Jobs
 9499  Florida the Office under this section in any fiscal year must
 9500  not exceed the amount authorized under s. 288.095(3).
 9501         (7) ADMINISTRATION.—
 9502         (a) Jobs Florida the Office may verify information provided
 9503  in any claim submitted for tax credits under this section with
 9504  regard to employment and wage levels or the payment of the taxes
 9505  to the appropriate agency or authority, including the Department
 9506  of Revenue, the Agency for Workforce Innovation, or any local
 9507  government or authority.
 9508         (b) To facilitate the process of monitoring and auditing
 9509  applications made under this section, Jobs Florida the Office
 9510  may provide a list of qualified target industry businesses to
 9511  the Department of Revenue, to the Agency for Workforce
 9512  Innovation, or to any local government or authority. Jobs
 9513  Florida The Office may request the assistance of those entities
 9514  with respect to monitoring jobs, wages, and the payment of the
 9515  taxes listed in subsection (3).
 9516         (c) Funds specifically appropriated for tax refunds for
 9517  qualified target industry businesses under this section may not
 9518  be used by Jobs Florida the Office for any purpose other than
 9519  the payment of tax refunds authorized by this section.
 9520         (d) Beginning with tax refund agreements signed after July
 9521  1, 2010, Jobs Florida the Office shall attempt to ascertain the
 9522  causes for any business’s failure to complete its agreement and
 9523  shall report its findings and recommendations to the Governor,
 9524  the President of the Senate, and the Speaker of the House of
 9525  Representatives. The report shall be submitted by December 1 of
 9526  each year beginning in 2011.
 9527         Section 145. Paragraphs (d), (e), (f), (g) and (h) of
 9528  subsection (1), subsection (2), paragraphs (a), (b), (f), (g),
 9529  (h), and (i) of subsection (4), and subsection (5) of section
 9530  288.107, Florida Statutes, are amended to read:
 9531         288.107 Brownfield redevelopment bonus refunds.—
 9532         (1) DEFINITIONS.—As used in this section:
 9533         (d) “Director” means the director of the Office of Tourism,
 9534  Trade, and Economic Development.
 9535         (d)(e) “Eligible business” means:
 9536         1. A qualified target industry business as defined in s.
 9537  288.106(2); or
 9538         2. A business that can demonstrate a fixed capital
 9539  investment of at least $2 million in mixed-use business
 9540  activities, including multiunit housing, commercial, retail, and
 9541  industrial in brownfield areas, or at least $500,000 in
 9542  brownfield areas that do not require site cleanup, and that
 9543  provides benefits to its employees.
 9544         (e)(f) “Jobs” means full-time equivalent positions,
 9545  including, but not limited to, positions obtained from a
 9546  temporary employment agency or employee leasing company or
 9547  through a union agreement or coemployment under a professional
 9548  employer organization agreement, that result directly from a
 9549  project in this state. The term does not include temporary
 9550  construction jobs involved with the construction of facilities
 9551  for the project and which are not associated with the
 9552  implementation of the site rehabilitation as provided in s.
 9553  376.80.
 9554         (g) “Office” means The Office of Tourism, Trade, and
 9555  Economic Development.
 9556         (f)(h) “Project” means the creation of a new business or
 9557  the expansion of an existing business as defined in s. 288.106.
 9558         (2) BROWNFIELD REDEVELOPMENT BONUS REFUND.—Bonus refunds
 9559  shall be approved by Jobs Florida the Office as specified in the
 9560  final order and allowed from the account as follows:
 9561         (a) A bonus refund of $2,500 shall be allowed to any
 9562  qualified target industry business as defined in s. 288.106 for
 9563  each new Florida job created in a brownfield area that is
 9564  claimed on the qualified target industry business’s annual
 9565  refund claim authorized in s. 288.106(6).
 9566         (b) A bonus refund of up to $2,500 shall be allowed to any
 9567  other eligible business as defined in subparagraph (1)(d)2.
 9568  subparagraph (1)(e)2. for each new Florida job created in a
 9569  brownfield area that is claimed under an annual claim procedure
 9570  similar to the annual refund claim authorized in s. 288.106(6).
 9571  The amount of the refund shall be equal to 20 percent of the
 9572  average annual wage for the jobs created.
 9573         (4) PAYMENT OF BROWNFIELD REDEVELOPMENT BONUS REFUNDS.—
 9574         (a) To be eligible to receive a bonus refund for new
 9575  Florida jobs created in a brownfield area, a business must have
 9576  been certified as a qualified target industry business under s.
 9577  288.106 or eligible business as defined in paragraph (1)(d)
 9578  paragraph (1)(e) and must have indicated on the qualified target
 9579  industry business tax refund application form submitted in
 9580  accordance with s. 288.106(4) or other similar agreement for
 9581  other eligible business as defined in paragraph (1)(d) paragraph
 9582  (1)(e) that the project for which the application is submitted
 9583  is or will be located in a brownfield area and that the business
 9584  is applying for certification as a qualified brownfield business
 9585  under this section, and must have signed a qualified target
 9586  industry business tax refund agreement with Jobs Florida the
 9587  Office that indicates that the business has been certified as a
 9588  qualified target industry business located in a brownfield area
 9589  and specifies the schedule of brownfield redevelopment bonus
 9590  refunds that the business may be eligible to receive in each
 9591  fiscal year.
 9592         (b) To be considered to receive an eligible brownfield
 9593  redevelopment bonus refund payment, the business meeting the
 9594  requirements of paragraph (a) must submit a claim once each
 9595  fiscal year on a claim form approved by Jobs Florida the Office
 9596  which indicates the location of the brownfield, the address of
 9597  the business facility’s brownfield location, the name of the
 9598  brownfield in which it is located, the number of jobs created,
 9599  and the average wage of the jobs created by the business within
 9600  the brownfield as defined in s. 288.106 or other eligible
 9601  business as defined in paragraph (1)(d) paragraph (1)(e) and the
 9602  administrative rules and policies for that section.
 9603         (f) Applications shall be reviewed and certified pursuant
 9604  to s. 288.061. Jobs Florida The Office shall review all
 9605  applications submitted under s. 288.106 or other similar
 9606  application forms for other eligible businesses as defined in
 9607  paragraph (1)(d) paragraph (1)(e) which indicate that the
 9608  proposed project will be located in a brownfield and determine,
 9609  with the assistance of the Department of Environmental
 9610  Protection, that the project location is within a brownfield as
 9611  provided in this act.
 9612         (g) Jobs Florida The Office shall approve all claims for a
 9613  brownfield redevelopment bonus refund payment that are found to
 9614  meet the requirements of paragraphs (b) and (d).
 9615         (h) Jobs Florida The director, with such assistance as may
 9616  be required from the Office and the Department of Environmental
 9617  Protection, shall specify by written final order the amount of
 9618  the brownfield redevelopment bonus refund that is authorized for
 9619  the qualified target industry business for the fiscal year
 9620  within 30 days after the date that the claim for the annual tax
 9621  refund is received by Jobs Florida the office.
 9622         (i) The total amount of the bonus refunds approved by Jobs
 9623  Florida the director under this section in any fiscal year must
 9624  not exceed the total amount appropriated to the Economic
 9625  Development Incentives Account for this purpose for the fiscal
 9626  year. In the event that the Legislature does not appropriate an
 9627  amount sufficient to satisfy projections by Jobs Florida the
 9628  Office for brownfield redevelopment bonus refunds under this
 9629  section in a fiscal year, Jobs Florida the Office shall, not
 9630  later than July 15 of such year, determine the proportion of
 9631  each brownfield redevelopment bonus refund claim which shall be
 9632  paid by dividing the amount appropriated for tax refunds for the
 9633  fiscal year by the projected total of brownfield redevelopment
 9634  bonus refund claims for the fiscal year. The amount of each
 9635  claim for a brownfield redevelopment bonus tax refund shall be
 9636  multiplied by the resulting quotient. If, after the payment of
 9637  all such refund claims, funds remain in the Economic Development
 9638  Incentives Account for brownfield redevelopment tax refunds,
 9639  Jobs Florida the Office shall recalculate the proportion for
 9640  each refund claim and adjust the amount of each claim
 9641  accordingly.
 9642         (5) ADMINISTRATION.—
 9643         (a) Jobs Florida the Office may verify information provided
 9644  in any claim submitted for tax credits under this section with
 9645  regard to employment and wage levels or the payment of the taxes
 9646  to the appropriate agency or authority, including the Department
 9647  of Revenue, the Agency for Workforce Innovation, or any local
 9648  government or authority.
 9649         (b) To facilitate the process of monitoring and auditing
 9650  applications made under this program, Jobs Florida the Office
 9651  may provide a list of qualified target industry businesses to
 9652  the Department of Revenue, to the Agency for Workforce
 9653  Innovation, to the Department of Environmental Protection, or to
 9654  any local government authority. Jobs Florida the office may
 9655  request the assistance of those entities with respect to
 9656  monitoring the payment of the taxes listed in s. 288.106(3).
 9657         Section 146. Paragraphs (a), (b), (c), and (d) of
 9658  subsection (2), paragraphs (b), (d), and (e) of subsection (3),
 9659  subsection (4), paragraphs (a) and (c) of subsection (5), and
 9660  subsections (6) and (7) of section 288.108, Florida Statutes,
 9661  are amended, and present paragraphs (e) through (j) of
 9662  subsection (2) are redesignated as paragraphs (c) through (h),
 9663  respectively, to read:
 9664         288.108 High-impact business.—
 9665         (2) DEFINITIONS.—As used in this section, the term:
 9666         (a) “Eligible high-impact business” means a business in one
 9667  of the high-impact sectors identified by the Jobs Florida
 9668  Partnership Enterprise Florida, Inc., and certified by Jobs
 9669  Florida the Office of Tourism, Trade, and Economic Development
 9670  as provided in subsection (5), which is making a cumulative
 9671  investment in the state of at least $50 million and creating at
 9672  least 50 new full-time equivalent jobs in the state or a
 9673  research and development facility making a cumulative investment
 9674  of at least $25 million and creating at least 25 new full-time
 9675  equivalent jobs. Such investment and employment must be achieved
 9676  in a period not to exceed 3 years after the date the business is
 9677  certified as a qualified high-impact business.
 9678         (b) “Qualified high-impact business” means a business in
 9679  one of the high-impact sectors that has been certified by Jobs
 9680  Florida the Office as a qualified high-impact business to
 9681  receive a high-impact sector performance grant.
 9682         (c) “Office” means the Office of Tourism, Trade, and
 9683  Economic Development.
 9684         (d) “Director” means the director of the Office of Tourism,
 9685  Trade, and Economic Development.
 9686         (3) HIGH-IMPACT SECTOR PERFORMANCE GRANTS; ELIGIBLE
 9687  AMOUNTS.—
 9688         (b) Jobs Florida The Office may, in consultation with
 9689  Enterprise Florida, Inc., negotiate qualified high-impact
 9690  business performance grant awards for any single qualified high
 9691  impact business. In negotiating such awards, Jobs Florida the
 9692  Office shall consider the following guidelines in conjunction
 9693  with other relevant applicant impact and cost information and
 9694  analysis as required in subsection (5).
 9695         1. A qualified high-impact business making a cumulative
 9696  investment of $50 million and creating 50 jobs may be eligible
 9697  for a total qualified high-impact business performance grant of
 9698  $500,000 to $1 million.
 9699         2. A qualified high-impact business making a cumulative
 9700  investment of $100 million and creating 100 jobs may be eligible
 9701  for a total qualified high-impact business performance grant of
 9702  $1 million to $2 million.
 9703         3. A qualified high-impact business making a cumulative
 9704  investment of $800 million and creating 800 jobs may be eligible
 9705  for a qualified high-impact business performance grant of $10
 9706  million to $12 million.
 9707         4. A qualified high-impact business engaged in research and
 9708  development making a cumulative investment of $25 million and
 9709  creating 25 jobs may be eligible for a total qualified high
 9710  impact business performance grant of $700,000 to $1 million.
 9711         5. A qualified high-impact business engaged in research and
 9712  development making a cumulative investment of $75 million, and
 9713  creating 75 jobs may be eligible for a total qualified high
 9714  impact business performance grant of $2 million to $3 million.
 9715         6. A qualified high-impact business engaged in research and
 9716  development making a cumulative investment of $150 million, and
 9717  creating 150 jobs may be eligible for a qualified high-impact
 9718  business performance grant of $3.5 million to $4.5 million.
 9719         (d) The balance of the performance grant award shall be
 9720  paid to the qualified high-impact business upon the business’s
 9721  certification that full operations have commenced and that the
 9722  full investment and employment goals specified in the qualified
 9723  high-impact business agreement have been met and verified by
 9724  Jobs Florida the Office of Tourism, Trade, and Economic
 9725  Development. The verification must occur not later than 60 days
 9726  after the qualified high-impact business has provided the
 9727  certification specified in this paragraph.
 9728         (e) Jobs Florida The office may, upon a showing of
 9729  reasonable cause for delay and significant progress toward the
 9730  achievement of the investment and employment goals specified in
 9731  the qualified high-impact business agreement, extend the date
 9732  for commencement of operations, not to exceed an additional 2
 9733  years beyond the limit specified in paragraph (2)(a), but in no
 9734  case may any high-impact sector performance grant payment be
 9735  made to the business until the scheduled goals have been
 9736  achieved.
 9737         (4) OFFICE OF TOURISM, TRADE, AND ECONOMIC DEVELOPMENT
 9738  AUTHORITY TO APPROVE QUALIFIED HIGH-IMPACT BUSINESS PERFORMANCE
 9739  GRANTS.—
 9740         (a) The total amount of active performance grants scheduled
 9741  for payment by Jobs Florida the office in any single fiscal year
 9742  may not exceed the lesser of $30 million or the amount
 9743  appropriated by the Legislature for that fiscal year for
 9744  qualified high-impact business performance grants. If the
 9745  scheduled grant payments are not made in the year for which they
 9746  were scheduled in the qualified high-impact business agreement
 9747  and are rescheduled as authorized in paragraph (3)(e), they are,
 9748  for purposes of this paragraph, deemed to have been paid in the
 9749  year in which they were originally scheduled in the qualified
 9750  high-impact business agreement.
 9751         (b) If the Legislature does not appropriate an amount
 9752  sufficient to satisfy the qualified high-impact business
 9753  performance grant payments scheduled for any fiscal year, Jobs
 9754  Florida the Office shall, not later than July 15 of that year,
 9755  determine the proportion of each grant payment which may be paid
 9756  by dividing the amount appropriated for qualified high-impact
 9757  business performance grant payments for the fiscal year by the
 9758  total performance grant payments scheduled in all performance
 9759  grant agreements for the fiscal year. The amount of each grant
 9760  scheduled for payment in that fiscal year must be multiplied by
 9761  the resulting quotient. All businesses affected by this
 9762  calculation must be notified by August 1 of each fiscal year.
 9763  If, after the payment of all the refund claims, funds remain in
 9764  the appropriation for payment of qualified high-impact business
 9765  performance grants, Jobs Florida the Office shall recalculate
 9766  the proportion for each performance grant payment and adjust the
 9767  amount of each claim accordingly.
 9768         (5) APPLICATIONS; CERTIFICATION PROCESS; GRANT AGREEMENT.—
 9769         (a) Any eligible business, as defined in subsection (2),
 9770  shall apply to the Jobs Florida Partnership Enterprise Florida,
 9771  Inc., for consideration as a qualified high-impact business
 9772  before the business has made a decision to locate or expand a
 9773  facility in this state. The application, developed by Jobs
 9774  Florida The Office of Tourism, Trade, and Economic Development,
 9775  in consultation with the Jobs Florida Partnership Enterprise
 9776  Florida, Inc., must include, but is not limited to, the
 9777  following information:
 9778         1. A complete description of the type of facility, business
 9779  operations, and product or service associated with the project.
 9780         2. The number of full-time equivalent jobs that will be
 9781  created by the project and the average annual wage of those
 9782  jobs.
 9783         3. The cumulative amount of investment to be dedicated to
 9784  this project within 3 years.
 9785         4. A statement concerning any special impacts the facility
 9786  is expected to stimulate in the sector, the state, or regional
 9787  economy and in state universities and community colleges.
 9788         5. A statement concerning the role the grant will play in
 9789  the decision of the applicant business to locate or expand in
 9790  this state.
 9791         6. Any additional information requested by Jobs Florida and
 9792  the Jobs Florida Partnership Enterprise Florida, Inc., and the
 9793  Office of Tourism, Trade, and Economic Development.
 9794         (c) Jobs Florida The director and the qualified high-impact
 9795  business shall enter into a performance grant agreement setting
 9796  forth the conditions for payment of the qualified high-impact
 9797  business performance grant. The agreement shall include the
 9798  total amount of the qualified high-impact business facility
 9799  performance grant award, the performance conditions that must be
 9800  met to obtain the award, including the employment, average
 9801  salary, investment, the methodology for determining if the
 9802  conditions have been met, and the schedule of performance grant
 9803  payments.
 9804         (6) SELECTION AND DESIGNATION OF HIGH-IMPACT SECTORS.—
 9805         (a) The Jobs Florida Partnership Enterprise Florida, Inc.,
 9806  shall, by January 1, of every third year, beginning January 1,
 9807  2011, initiate the process of reviewing and, if appropriate,
 9808  selecting a new high-impact sector for designation or
 9809  recommending the deactivation of a designated high-impact
 9810  sector. The process of reviewing designated high-impact sectors
 9811  or recommending the deactivation of a designated high-impact
 9812  sector shall be in consultation with Jobs Florida the office,
 9813  economic development organizations, the State University System,
 9814  local governments, employee and employer organizations, market
 9815  analysts, and economists.
 9816         (b) Jobs Florida the Office has authority, only after
 9817  recommendation from the Jobs Florida Partnership Enterprise
 9818  Florida, Inc., to designate a high-impact sector or to
 9819  deauthorize a designated high-impact sector.
 9820         (c) To begin the process of selecting and designating a new
 9821  high-impact sector, the Jobs Florida Partnership Enterprise
 9822  Florida, Inc., shall undertake a thorough study of the proposed
 9823  sector. This study must consider the definition of the sector,
 9824  including the types of facilities which characterize the sector
 9825  that might qualify for a high-impact performance grant and
 9826  whether a powerful incentive like the high-impact performance
 9827  grant is needed to induce major facilities in the sector to
 9828  locate or grow in this state; the benefits that major facilities
 9829  in the sector have or could have on the state’s economy and the
 9830  relative significance of those benefits; the needs of the sector
 9831  and major sector facilities, including natural, public, and
 9832  human resources and benefits and costs with regard to these
 9833  resources; the sector’s current and future markets; the current
 9834  fiscal and potential fiscal impacts of the sector, to both the
 9835  state and its communities; any geographic opportunities or
 9836  limitations with regard to the sector, including areas of the
 9837  state most likely to benefit from the sector and areas unlikely
 9838  to benefit from the sector; the state’s advantages or
 9839  disadvantages with regard to the sector; and the long-term
 9840  expectations for the industry on a global level and in the
 9841  state. If the Jobs Florida Partnership Enterprise Florida, Inc.,
 9842  finds favorable conditions for the designation of the sector as
 9843  a high-impact sector, it shall include in the study
 9844  recommendations for a complete and comprehensive sector
 9845  strategy, including appropriate marketing and workforce
 9846  strategies for the entire sector and any recommendations that
 9847  the Jobs Florida Partnership Enterprise Florida, Inc., may have
 9848  for statutory or policy changes needed to improve the state’s
 9849  business climate and to attract and grow Florida businesses,
 9850  particularly small businesses, in the proposed sector. The study
 9851  shall reflect the finding of the sector-business network
 9852  specified in paragraph (d).
 9853         (d) In conjunction with the study required in paragraph
 9854  (c), the Jobs Florida Partnership Enterprise Florida, Inc.,
 9855  shall develop and consult with a network of sector businesses.
 9856  While this network may include non-Florida businesses, it must
 9857  include any businesses currently within the state. If the number
 9858  of Florida businesses in the sector is large, a representative
 9859  cross-section of Florida sector businesses may form the core of
 9860  this network.
 9861         (e) The study and its findings and recommendations and the
 9862  recommendations gathered from the sector-business network must
 9863  be discussed and considered during the at least one meeting per
 9864  calendar year of leaders in business, government, education,
 9865  workforce development, and economic development called by the
 9866  Governor to address the business climate in the state, develop a
 9867  common vision for the economic future of the state, and identify
 9868  economic development efforts to fulfill that vision required in
 9869  s. 14.2015(2)(e).
 9870         (f) If after consideration of the completed study required
 9871  in paragraph (c) and the input derived from consultation with
 9872  the sector-business network in paragraph (d) and the quarterly
 9873  meeting as required in paragraph (e), the board of directors of
 9874  the Jobs Florida Partnership Enterprise Florida, Inc., finds
 9875  that the sector will have exceptionally large and widespread
 9876  benefits to the state and its citizens, relative to any public
 9877  costs; that the sector is characterized by the types of
 9878  facilities that require exceptionally large investments and
 9879  provide employment opportunities to a relatively large number of
 9880  workers in high-quality, high-income jobs that might qualify for
 9881  a high-impact performance grant; and that given the competition
 9882  for such businesses it may be necessary for the state to be able
 9883  to offer a large inducement, such as a high-impact performance
 9884  grant, to attract such a business to the state or to encourage
 9885  businesses to continue to grow in the state, the board of
 9886  directors of the Jobs Florida Partnership Enterprise Florida,
 9887  Inc., may recommend that Jobs Florida the office consider the
 9888  designation of the sector as a high-impact business sector.
 9889         (g) Upon receiving a recommendation from the board of
 9890  directors of the Jobs Florida Partnership Enterprise Florida,
 9891  Inc., together with the study required in paragraph (c) and a
 9892  summary of the findings and recommendations of the sector
 9893  business network required in paragraph (d), including a list of
 9894  all meetings of the sector network and participants in those
 9895  meetings and the findings and recommendations from the quarterly
 9896  meeting as required in paragraph (e), Jobs Florida the Office
 9897  shall after a thorough evaluation of the study and accompanying
 9898  materials report its findings and either concur in the
 9899  recommendation of the Jobs Florida Partnership Enterprise
 9900  Florida, Inc., and designate the sector as a high-impact
 9901  business sector or notify the Jobs Florida Partnership
 9902  Enterprise Florida, Inc., that it does not concur and deny the
 9903  board’s request for designation or return the recommendation and
 9904  study to the Jobs Florida Partnership Enterprise Florida, Inc.,
 9905  for further evaluation. In any case, Jobs Florida’s the
 9906  director’s decision must be in writing and justify the reasons
 9907  for the decision.
 9908         (h) If Jobs Florida the Office designates the sector as a
 9909  high-impact sector, it shall, within 30 days, notify the
 9910  Governor, the President of the Senate, and the Speaker of the
 9911  House of Representatives of its decision and provide a complete
 9912  report on its decision, including copies of the material
 9913  provided by the Jobs Florida Partnership Enterprise Florida,
 9914  Inc., and Jobs Florida’s the Office of Tourism, Trade, and
 9915  Economic Development’s evaluation and comment on any statutory
 9916  or policy changes recommended by the Jobs Florida Partnership
 9917  Enterprise Florida, Inc.
 9918         (i) For the purposes of this subsection, a high-impact
 9919  sector consists of the silicon technology sector that the Jobs
 9920  Florida Partnership Enterprise Florida, Inc., has found to be
 9921  focused around the type of high-impact businesses for which the
 9922  incentive created in this subsection is required and will create
 9923  the kinds of sector and economy wide benefits that justify the
 9924  use of state resources to encourage these investments and
 9925  require substantial inducements to compete with the incentive
 9926  packages offered by other states and nations.
 9927         (7) RULEMAKING.—Jobs Florida the Office may adopt rules
 9928  necessary to carry out the provisions of this section.
 9929         Section 147. Subsection (1), paragraph (f) of subsection
 9930  (2), and subsections (4), (5), and (9) of section 288.1083,
 9931  Florida Statutes, are amended, and present paragraph (g) of
 9932  subsection (2) is redesignated as paragraph (f), to read:
 9933         288.1083 Manufacturing and Spaceport Investment Incentive
 9934  Program.—
 9935         (1) The Manufacturing and Spaceport Investment Incentive
 9936  Program is created within Jobs Florida the office of Tourism,
 9937  Trade, and Economic Development. The purpose of the program is
 9938  to encourage capital investment and job creation in
 9939  manufacturing and spaceport activities in this state.
 9940         (2) As used in this section, the term:
 9941         (f) “Office” means the Office of Tourism, Trade, and
 9942  Economic Development.
 9943         (4) To receive a refund, a business entity must first apply
 9944  to Jobs Florida the office for a tax refund allocation. The
 9945  entity shall provide such information in the application as
 9946  reasonably required by Jobs Florida the office. Further, the
 9947  business entity shall provide such information as is required by
 9948  Jobs Florida the office to establish the cost incurred and
 9949  actual sales and use tax paid to purchase eligible equipment
 9950  located and placed into service in this state during its taxable
 9951  year that began in 2008.
 9952         (a) Within 30 days after Jobs Florida the office receives
 9953  an application for a refund, Jobs Florida the office shall
 9954  approve or disapprove the application.
 9955         (b) Refund allocations made during the 2010-2011 fiscal
 9956  year shall be awarded in the same order in which applications
 9957  are received. Eligible entities may apply to Jobs Florida the
 9958  office beginning July 1, 2010, for refunds attributable to
 9959  eligible equipment purchases made during the 2010-2011 fiscal
 9960  year. For the 2010-2011 fiscal year, Jobs Florida the office
 9961  shall allocate the maximum amount of $50,000 per entity until
 9962  the entire $19 million available for refund in state fiscal year
 9963  2010-2011 has been allocated. If the total amount available for
 9964  allocation during the 2010-2011 fiscal year is allocated, Jobs
 9965  Florida the office shall continue taking applications. Each
 9966  applicant shall be informed of its place in the queue and
 9967  whether the applicant received an allocation of the eligible
 9968  funds.
 9969         (c) Refund allocations made during the 2011-2012 fiscal
 9970  year shall first be given to any applicants remaining in the
 9971  queue from the prior fiscal year. Jobs Florida The office shall
 9972  allocate the maximum amount of $50,000 per entity, first to
 9973  those applicants that remained in the queue from 2010-2011 for
 9974  eligible purchases in 2010-2011, then to applicants for 2011
 9975  2012 in the order applications are received for eligible
 9976  purchases in 2011-2012. Jobs Florida The office shall allocate
 9977  the maximum amount of $50,000 per entity until the entire $24
 9978  million available to be allocated for refund in the 2011-2012
 9979  fiscal year is allocated. If the total amount available for
 9980  refund in 2011-2012 has been allocated, Jobs Florida The office
 9981  shall continue to accept applications from eligible entities in
 9982  the 2011-2012 fiscal year for refunds attributable to eligible
 9983  equipment purchases made during the 2011-2012 fiscal year.
 9984  Refund allocations made during the 2011-2012 fiscal year shall
 9985  be awarded in the same order in which applications are received.
 9986  Upon submitting an application, each applicant shall be informed
 9987  of its place in the queue and whether the applicant has received
 9988  an allocation of the eligible funds.
 9989         (5) Upon completion of eligible equipment purchases, a
 9990  business entity that received a refund allocation from Jobs
 9991  Florida the office must apply to Jobs Florida the office for
 9992  certification of a refund. For eligible equipment purchases made
 9993  during the 2010-2011 fiscal year, the application for
 9994  certification must be made no later than September 1, 2011. For
 9995  eligible equipment purchases made during the 2011-2012 fiscal
 9996  year, the application for certification must be made no later
 9997  than September 1, 2012. The application shall provide such
 9998  documentation as is reasonably required by Jobs Florida the
 9999  office to calculate the refund amount, including documentation
10000  necessary to confirm the cost of eligible equipment purchases
10001  supporting the claim of the sales and use tax paid thereon.
10002  Further, the business entity shall provide such documentation as
10003  required by Jobs Florida the office to establish the entity’s
10004  base year purchases. If, upon reviewing the application, Jobs
10005  Florida the office determines that eligible equipment purchases
10006  did not occur, that the amount of tax claimed to have been paid
10007  or remitted on the eligible equipment purchases is not supported
10008  by the documentation provided, or that the information provided
10009  to Jobs Florida the office was otherwise inaccurate, the amount
10010  of the refund allocation not substantiated shall not be
10011  certified. Otherwise, Jobs Florida the office shall determine
10012  and certify the amount of the refund to the eligible entity and
10013  to the department within 30 days after Jobs Florida the office
10014  receives the application for certification.
10015         (9) Jobs Florida The office shall adopt emergency rules
10016  governing applications for, issuance of, and procedures for
10017  allocation and certification and may establish guidelines as to
10018  the requisites for demonstrating base year purchases and
10019  eligible equipment purchases.
10020         Section 148. Subsections (2) and (3) of section 288.1088,
10021  Florida Statutes, are amended to read:
10022         288.1088 Quick Action Closing Fund.—
10023         (2) There is created within Jobs Florida the Office of
10024  Tourism, Trade, and Economic Development the Quick Action
10025  Closing Fund. Projects eligible for receipt of funds from the
10026  Quick Action Closing Fund shall:
10027         (a) Be in an industry as referenced in s. 288.106.
10028         (b) Have a positive economic benefit payback ratio of at
10029  least 5 to 1.
10030         (c) Be an inducement to the project’s location or expansion
10031  in the state.
10032         (d) Pay an average annual wage of at least 125 percent of
10033  the areawide or statewide private sector average wage.
10034         (e) Be supported by the local community in which the
10035  project is to be located.
10036         (3)(a) Jobs Florida and the Jobs Florida Partnership
10037  Enterprise Florida, Inc., shall jointly review applications
10038  pursuant to s. 288.061 and determine the eligibility of each
10039  project consistent with the criteria in subsection (2). Jobs
10040  Florida Enterprise Florida, Inc., in consultation with the Jobs
10041  Florida Partnership, Inc., the Office of Tourism, Trade, and
10042  Economic Development, may waive these criteria:
10043         1. Based on extraordinary circumstances;
10044         2. In order to mitigate the impact of the conclusion of the
10045  space shuttle program; or
10046         3. In rural areas of critical economic concern if the
10047  project would significantly benefit the local or regional
10048  economy.
10049         (b) Jobs Florida and the Jobs Florida Partnership
10050  Enterprise Florida, Inc., shall jointly evaluate individual
10051  proposals for high-impact business facilities and forward
10052  recommendations regarding the use of moneys in the fund for such
10053  facilities to the director of the Office of Tourism, Trade, and
10054  Economic Development. Such evaluation and recommendation must
10055  include, but need not be limited to:
10056         1. A description of the type of facility or infrastructure,
10057  its operations, and the associated product or service associated
10058  with the facility.
10059         2. The number of full-time-equivalent jobs that will be
10060  created by the facility and the total estimated average annual
10061  wages of those jobs or, in the case of privately developed rural
10062  infrastructure, the types of business activities and jobs
10063  stimulated by the investment.
10064         3. The cumulative amount of investment to be dedicated to
10065  the facility within a specified period.
10066         4. A statement of any special impacts the facility is
10067  expected to stimulate in a particular business sector in the
10068  state or regional economy or in the state’s universities and
10069  community colleges.
10070         5. A statement of the role the incentive is expected to
10071  play in the decision of the applicant business to locate or
10072  expand in this state or for the private investor to provide
10073  critical rural infrastructure.
10074         6. A report evaluating the quality and value of the company
10075  submitting a proposal. The report must include:
10076         a. A financial analysis of the company, including an
10077  evaluation of the company’s short-term liquidity ratio as
10078  measured by its assets to liability, the company’s profitability
10079  ratio, and the company’s long-term solvency as measured by its
10080  debt-to-equity ratio;
10081         b. The historical market performance of the company;
10082         c. A review of any independent evaluations of the company;
10083         d. A review of the latest audit of the company’s financial
10084  statement and the related auditor’s management letter; and
10085         e. A review of any other types of audits that are related
10086  to the internal and management controls of the company.
10087         (c)1. Within 7 business 22 calendar days after evaluating a
10088  project, Jobs Florida receiving the evaluation and
10089  recommendation from Enterprise Florida, Inc., the director of
10090  the Office of Tourism, Trade, and Economic Development shall
10091  recommend to the Governor approval or disapproval of a project
10092  for receipt of funds from the Quick Action Closing Fund. In
10093  recommending a project, Jobs Florida the director shall include
10094  proposed performance conditions that the project must meet to
10095  obtain incentive funds.
10096         2. The Governor may approve projects without consulting the
10097  Legislature for projects requiring less than $1 million in
10098  funding.
10099         3. For projects requiring funding in the amount of $1
10100  million to $5 million, the Governor shall provide a written the
10101  description and evaluation of a project projects recommended for
10102  approval to the President of the Senate, and the Speaker of the
10103  House of Representatives, and the chairs of the Senate and House
10104  appropriations committees that oversee economic development
10105  funding, and, no sooner than 3 days subsequent to providing the
10106  written project descriptions and evaluations, shall consult with
10107  the President of the Senate and the Speaker of the House of
10108  Representatives before giving final approval for a project. At
10109  least 14 days before releasing funds for a project, the
10110  Executive Office of the Governor shall recommend approval of the
10111  project and the release of funds by delivering notice of such
10112  action pursuant to the legislative consultation and review
10113  requirements set forth in s. 216.177. The recommendation must
10114  include proposed performance conditions that the project must
10115  meet in order to obtain funds.
10116         4. If the chair or vice chair of the Legislative Budget
10117  Commission or the President of the Senate or the Speaker of the
10118  House of Representatives timely advises the Executive Office of
10119  the Governor, in writing, that such action or proposed action
10120  exceeds the delegated authority of the Executive Office of the
10121  Governor or is contrary to legislative policy or intent, the
10122  Executive Office of the Governor shall void the release of funds
10123  and instruct Jobs Florida the Office of Tourism, Trade, and
10124  Economic Development to immediately change such action or
10125  proposed action until the Legislative Budget Commission or the
10126  Legislature addresses the issue. Notwithstanding such
10127  requirement, any project exceeding $5 million $2,000,000 must be
10128  approved by the Legislative Budget Commission prior to the funds
10129  being released.
10130         (d) Upon the approval of the Governor, Jobs Florida the
10131  director of the Office of Tourism, Trade, and Economic
10132  Development and the business shall enter into a contract that
10133  sets forth the conditions for payment of moneys from the fund.
10134  The contract must include the total amount of funds awarded; the
10135  performance conditions that must be met to obtain the award,
10136  including, but not limited to, net new employment in the state,
10137  average salary, and total capital investment; demonstrate a
10138  baseline of current service and a measure of enhanced
10139  capability; the methodology for validating performance; the
10140  schedule of payments from the fund; and sanctions for failure to
10141  meet performance conditions. The contract must provide that
10142  payment of moneys from the fund is contingent upon sufficient
10143  appropriation of funds by the Legislature.
10144         (e) The Jobs Florida Partnership Enterprise Florida, Inc.,
10145  shall validate contractor performance. Such validation shall be
10146  reported within 6 months after completion of the contract to the
10147  Governor, President of the Senate, and the Speaker of the House
10148  of Representatives.
10149         Section 149. Subsection (1), paragraphs (b), (f), and (o)
10150  of subsection (2), and subsections (3), through (9), (11), and
10151  (12) of section 288.1089, Florida Statutes, are amended, and
10152  present paragraphs (g) through (n) and (p) through (s) of
10153  subsection (2) are redesignated as paragraphs (f) through (p),
10154  respectively, to read:
10155         288.1089 Innovation Incentive Program.—
10156         (1) The Innovation Incentive Program is created within Jobs
10157  Florida the Office of Tourism, Trade, and Economic Development
10158  to ensure that sufficient resources are available to allow the
10159  state to respond expeditiously to extraordinary economic
10160  opportunities and to compete effectively for high-value research
10161  and development, innovation business, and alternative and
10162  renewal energy projects.
10163         (2) As used in this section, the term:
10164         (b) “Average private sector wage” means the statewide
10165  average wage in the private sector or the average of all private
10166  sector wages in the county or in the standard metropolitan area
10167  in which the project is located as determined by Jobs Florida
10168  the Agency for Workforce Innovation.
10169         (f) “Director” means the director of the Office of Tourism,
10170  Trade, and Economic Development.
10171         (o) “Office” means the Office of Tourism, Trade, and
10172  Economic Development.
10173         (3) To be eligible for consideration for an innovation
10174  incentive award, an innovation business, a research and
10175  development entity, or an alternative and renewable energy
10176  company must submit a written application to the Jobs Florida
10177  Partnership Enterprise Florida, Inc., before making a decision
10178  to locate new operations in this state or expand an existing
10179  operation in this state. The application must include, but not
10180  be limited to:
10181         (a) The applicant’s federal employer identification number,
10182  unemployment account number, and state sales tax registration
10183  number. If such numbers are not available at the time of
10184  application, they must be submitted to Jobs Florida the office
10185  in writing prior to the disbursement of any payments under this
10186  section.
10187         (b) The location in this state at which the project is
10188  located or is to be located.
10189         (c) A description of the type of business activity,
10190  product, or research and development undertaken by the
10191  applicant, including six-digit North American Industry
10192  Classification System codes for all activities included in the
10193  project.
10194         (d) The applicant’s projected investment in the project.
10195         (e) The total investment, from all sources, in the project.
10196         (f) The number of net new full-time equivalent jobs in this
10197  state the applicant anticipates having created as of December 31
10198  of each year in the project and the average annual wage of such
10199  jobs.
10200         (g) The total number of full-time equivalent employees
10201  currently employed by the applicant in this state, if
10202  applicable.
10203         (h) The anticipated commencement date of the project.
10204         (i) A detailed explanation of why the innovation incentive
10205  is needed to induce the applicant to expand or locate in the
10206  state and whether an award would cause the applicant to locate
10207  or expand in this state.
10208         (j) If applicable, an estimate of the proportion of the
10209  revenues resulting from the project that will be generated
10210  outside this state.
10211         (4) To qualify for review by Jobs Florida the office, the
10212  applicant must, at a minimum, establish the following to the
10213  satisfaction of Jobs Florida and the Jobs Florida Partnership
10214  Enterprise Florida, Inc., and the office:
10215         (a) The jobs created by the project must pay an estimated
10216  annual average wage equaling at least 130 percent of the average
10217  private sector wage. Jobs Florida The office may waive this
10218  average wage requirement at the request of the Jobs Florida
10219  Partnership Enterprise Florida, Inc., for a project located in a
10220  rural area, a brownfield area, or an enterprise zone, when the
10221  merits of the individual project or the specific circumstances
10222  in the community in relationship to the project warrant such
10223  action. A recommendation for waiver by the Jobs Florida
10224  Partnership Enterprise Florida, Inc., must include a specific
10225  justification for the waiver and be transmitted to Jobs Florida
10226  the office in writing. If Jobs Florida the director elects to
10227  waive the wage requirement, the waiver must be stated in writing
10228  and the reasons for granting the waiver must be explained.
10229         (b) A research and development project must:
10230         1. Serve as a catalyst for an emerging or evolving
10231  technology cluster.
10232         2. Demonstrate a plan for significant higher education
10233  collaboration.
10234         3. Provide the state, at a minimum, a break-even return on
10235  investment within a 20-year period.
10236         4. Be provided with a one-to-one match from the local
10237  community. The match requirement may be reduced or waived in
10238  rural areas of critical economic concern or reduced in rural
10239  areas, brownfield areas, and enterprise zones.
10240         (c) An innovation business project in this state, other
10241  than a research and development project, must:
10242         1.a. Result in the creation of at least 1,000 direct, new
10243  jobs at the business; or
10244         b. Result in the creation of at least 500 direct, new jobs
10245  if the project is located in a rural area, a brownfield area, or
10246  an enterprise zone.
10247         2. Have an activity or product that is within an industry
10248  that is designated as a target industry business under s.
10249  288.106 or a designated sector under s. 288.108.
10250         3.a. Have a cumulative investment of at least $500 million
10251  within a 5-year period; or
10252         b. Have a cumulative investment that exceeds $250 million
10253  within a 10-year period if the project is located in a rural
10254  area, brownfield area, or an enterprise zone.
10255         4. Be provided with a one-to-one match from the local
10256  community. The match requirement may be reduced or waived in
10257  rural areas of critical economic concern or reduced in rural
10258  areas, brownfield areas, and enterprise zones.
10259         (d) For an alternative and renewable energy project in this
10260  state, the project must:
10261         1. Demonstrate a plan for significant collaboration with an
10262  institution of higher education;
10263         2. Provide the state, at a minimum, a break-even return on
10264  investment within a 20-year period;
10265         3. Include matching funds provided by the applicant or
10266  other available sources. The match requirement may be reduced or
10267  waived in rural areas of critical economic concern or reduced in
10268  rural areas, brownfield areas, and enterprise zones;
10269         4. Be located in this state; and
10270         5. Provide at least 35 direct, new jobs that pay an
10271  estimated annual average wage that equals at least 130 percent
10272  of the average private sector wage.
10273         (5) The Jobs Florida Partnership Enterprise Florida, Inc.,
10274  shall evaluate proposals for all three categories of innovation
10275  incentive awards and transmit recommendations for awards to Jobs
10276  Florida the office. Before making its recommendations on
10277  alternative and renewable energy projects, the Jobs Florida
10278  Partnership, Inc., Enterprise Florida, Inc., shall solicit
10279  comments and recommendations from the Florida Energy and Climate
10280  Commission. For each project, the evaluation and recommendation
10281  to Jobs Florida the office must include, but need not be limited
10282  to:
10283         (a) A description of the project, its required facilities,
10284  and the associated product, service, or research and development
10285  associated with the project.
10286         (b) The percentage of match provided for the project.
10287         (c) The number of full-time equivalent jobs that will be
10288  created by the project, the total estimated average annual wages
10289  of such jobs, and the types of business activities and jobs
10290  likely to be stimulated by the project.
10291         (d) The cumulative investment to be dedicated to the
10292  project within 5 years and the total investment expected in the
10293  project if more than 5 years.
10294         (e) The projected economic and fiscal impacts on the local
10295  and state economies relative to investment.
10296         (f) A statement of any special impacts the project is
10297  expected to stimulate in a particular business sector in the
10298  state or regional economy or in the state’s universities and
10299  community colleges.
10300         (g) A statement of any anticipated or proposed
10301  relationships with state universities.
10302         (h) A statement of the role the incentive is expected to
10303  play in the decision of the applicant to locate or expand in
10304  this state.
10305         (i) A recommendation and explanation of the amount of the
10306  award needed to cause the applicant to expand or locate in this
10307  state.
10308         (j) A discussion of the efforts and commitments made by the
10309  local community in which the project is to be located to induce
10310  the applicant’s location or expansion, taking into consideration
10311  local resources and abilities.
10312         (k) A recommendation for specific performance criteria the
10313  applicant would be expected to achieve in order to receive
10314  payments from the fund and penalties or sanctions for failure to
10315  meet or maintain performance conditions.
10316         (l) Additional evaluative criteria for a research and
10317  development facility project, including:
10318         1. A description of the extent to which the project has the
10319  potential to serve as catalyst for an emerging or evolving
10320  cluster.
10321         2. A description of the extent to which the project has or
10322  could have a long-term collaborative research and development
10323  relationship with one or more universities or community colleges
10324  in this state.
10325         3. A description of the existing or projected impact of the
10326  project on established clusters or targeted industry sectors.
10327         4. A description of the project’s contribution to the
10328  diversity and resiliency of the innovation economy of this
10329  state.
10330         5. A description of the project’s impact on special needs
10331  communities, including, but not limited to, rural areas,
10332  distressed urban areas, and enterprise zones.
10333         (m) Additional evaluative criteria for alternative and
10334  renewable energy proposals, including:
10335         1. The availability of matching funds or other in-kind
10336  contributions applied to the total project from an applicant.
10337  The commission shall give greater preference to projects that
10338  provide such matching funds or other in-kind contributions.
10339         2. The degree to which the project stimulates in-state
10340  capital investment and economic development in metropolitan and
10341  rural areas, including the creation of jobs and the future
10342  development of a commercial market for renewable energy
10343  technologies.
10344         3. The extent to which the proposed project has been
10345  demonstrated to be technically feasible based on pilot project
10346  demonstrations, laboratory testing, scientific modeling, or
10347  engineering or chemical theory that supports the proposal.
10348         4. The degree to which the project incorporates an
10349  innovative new technology or an innovative application of an
10350  existing technology.
10351         5. The degree to which a project generates thermal,
10352  mechanical, or electrical energy by means of a renewable energy
10353  resource that has substantial long-term production potential.
10354         6. The degree to which a project demonstrates efficient use
10355  of energy and material resources.
10356         7. The degree to which the project fosters overall
10357  understanding and appreciation of renewable energy technologies.
10358         8. The ability to administer a complete project.
10359         9. Project duration and timeline for expenditures.
10360         10. The geographic area in which the project is to be
10361  conducted in relation to other projects.
10362         11. The degree of public visibility and interaction.
10363         (6) In consultation with the Jobs Florida Partnership,
10364  Inc., Jobs Florida Enterprise Florida, Inc., the office may
10365  negotiate the proposed amount of an award for any applicant
10366  meeting the requirements of this section. In negotiating such
10367  award, Jobs Florida the office shall consider the amount of the
10368  incentive needed to cause the applicant to locate or expand in
10369  this state in conjunction with other relevant applicant impact
10370  and cost information and analysis as described in this section.
10371  Particular emphasis shall be given to the potential for the
10372  project to stimulate additional private investment and high
10373  quality employment opportunities in the area.
10374         (7) Upon receipt of the evaluation and recommendation from
10375  the Jobs Florida Partnership, Inc., Jobs Florida Enterprise
10376  Florida, Inc., the director shall recommend to the Governor the
10377  approval or disapproval of an award. In recommending approval of
10378  an award, Jobs Florida the director shall include proposed
10379  performance conditions that the applicant must meet in order to
10380  obtain incentive funds and any other conditions that must be met
10381  before the receipt of any incentive funds. The Governor shall
10382  consult with the President of the Senate and the Speaker of the
10383  House of Representatives before giving approval for an award.
10384  Upon review and approval of an award by the Legislative Budget
10385  Commission, the Executive Office of the Governor shall release
10386  the funds.
10387         (8)(a) After the conditions set forth in subsection (7)
10388  have been met, Jobs Florida the director shall issue a letter
10389  certifying the applicant as qualified for an award. Jobs Florida
10390  the office and the award recipient shall enter into an agreement
10391  that sets forth the conditions for payment of the incentive
10392  funds. The agreement must include, at a minimum:
10393         1. The total amount of funds awarded.
10394         2. The performance conditions that must be met in order to
10395  obtain the award or portions of the award, including, but not
10396  limited to, net new employment in the state, average wage, and
10397  total cumulative investment.
10398         3. Demonstration of a baseline of current service and a
10399  measure of enhanced capability.
10400         4. The methodology for validating performance.
10401         5. The schedule of payments.
10402         6. Sanctions for failure to meet performance conditions,
10403  including any clawback provisions.
10404         (b) Additionally, agreements signed on or after July 1,
10405  2009, must include the following provisions:
10406         1. Notwithstanding subsection (4), a requirement that the
10407  jobs created by the recipient of the incentive funds pay an
10408  annual average wage at least equal to the relevant industry’s
10409  annual average wage or at least 130 percent of the average
10410  private sector wage, whichever is greater.
10411         2. A reinvestment requirement. Each recipient of an award
10412  shall reinvest up to 15 percent of net royalty revenues,
10413  including revenues from spin-off companies and the revenues from
10414  the sale of stock it receives from the licensing or transfer of
10415  inventions, methods, processes, and other patentable discoveries
10416  conceived or reduced to practice using its facilities in Florida
10417  or its Florida-based employees, in whole or in part, and to
10418  which the recipient of the grant becomes entitled during the 20
10419  years following the effective date of its agreement with the
10420  office. Each recipient of an award also shall reinvest up to 15
10421  percent of the gross revenues it receives from naming
10422  opportunities associated with any facility it builds in this
10423  state. Reinvestment payments shall commence no later than 6
10424  months after the recipient of the grant has received the final
10425  disbursement under the contract and shall continue until the
10426  maximum reinvestment, as specified in the contract, has been
10427  paid. Reinvestment payments shall be remitted to Jobs Florida
10428  the office for deposit in the Biomedical Research Trust Fund for
10429  companies specializing in biomedicine or life sciences, or in
10430  the Economic Development Trust Fund for companies specializing
10431  in fields other than biomedicine or the life sciences. If these
10432  trust funds no longer exist at the time of the reinvestment, the
10433  state’s share of reinvestment shall be deposited in their
10434  successor trust funds as determined by law. Each recipient of an
10435  award shall annually submit a schedule of the shares of stock
10436  held by it as payment of the royalty required by this paragraph
10437  and report on any trades or activity concerning such stock. Each
10438  recipient’s reinvestment obligations survive the expiration or
10439  termination of its agreement with the state.
10440         3. Requirements for the establishment of internship
10441  programs or other learning opportunities for educators and
10442  secondary, postsecondary, graduate, and doctoral students.
10443         4. A requirement that the recipient submit quarterly
10444  reports and annual reports related to activities and performance
10445  to Jobs Florida the office, according to standardized reporting
10446  periods.
10447         5. A requirement for an annual accounting to Jobs Florida
10448  the Office of the expenditure of funds disbursed under this
10449  section.
10450         6. A process for amending the agreement.
10451         (9) Jobs Florida, assisted by the Jobs Florida Partnership
10452  Enterprise Florida, Inc., shall validate assist the Office in
10453  validating the performance of an innovation business, a research
10454  and development facility, or an alternative and renewable energy
10455  business that has received an award. At the conclusion of the
10456  innovation incentive award agreement, or its earlier
10457  termination, Jobs Florida Enterprise Florida, Inc., shall,
10458  within 90 days, submit a report to the Governor, the President
10459  of the Senate, and the Speaker of the House of Representatives
10460  detailing whether the recipient of the innovation incentive
10461  grant achieved its specified outcomes.
10462         (11)(a) On January 5 of each year, Jobs Florida Beginning
10463  January 5, 2010, and every year thereafter, the office shall
10464  submit to the Governor, the President of the Senate, and the
10465  Speaker of the House of Representatives a report summarizing the
10466  activities and accomplishments of the recipients of grants from
10467  the Innovation Incentive Program during the previous 12 months
10468  and an evaluation by the office of whether the recipients are
10469  catalysts for additional direct and indirect economic
10470  development in Florida.
10471         (b) Beginning March 1, 2010, and every third year
10472  thereafter, the Office of Program Policy Analysis and Government
10473  Accountability, in consultation with the Auditor General’s
10474  Office, shall release a report evaluating the Innovation
10475  Incentive Program’s progress toward creating clusters of high
10476  wage, high-skilled, complementary industries that serve as
10477  catalysts for economic growth specifically in the regions in
10478  which they are located, and generally for the state as a whole.
10479  Such report should include critical analyses of quarterly and
10480  annual reports, annual audits, and other documents prepared by
10481  the Innovation Incentive Program awardees; relevant economic
10482  development reports prepared by Jobs Florida, the Jobs Florida
10483  Partnership the office, Enterprise Florida, Inc., and local or
10484  regional economic development organizations; interviews with the
10485  parties involved; and any other relevant data. Such report
10486  should also include legislative recommendations, if necessary,
10487  on how to improve the Innovation Incentive Program so that the
10488  program reaches its anticipated potential as a catalyst for
10489  direct and indirect economic development in this state.
10490         (12) Jobs Florida the office may seek the assistance of the
10491  Office of Program Policy Analysis and Government Accountability,
10492  the Legislature’s Office of Economic and Demographic Research,
10493  and other entities for the purpose of developing performance
10494  measures or techniques to quantify the synergistic economic
10495  development impacts that awardees of grants are having within
10496  their communities.
10497         Section 150. Section 288.1095, Florida Statutes, is amended
10498  to read:
10499         288.1095 Information concerning the One-Stop Permitting
10500  System.—Jobs Florida The Office of Tourism, Trade, and Economic
10501  Development shall develop literature that explains the One-Stop
10502  Permitting System and identifies those counties that have been
10503  designated as Quick Permitting Counties. The literature must be
10504  updated at least once each year. To the maximum extent feasible,
10505  state agencies and the Jobs Florida Partnership Enterprise
10506  Florida, Inc., shall distribute such literature and inform the
10507  public of the One-Stop Permitting System and the Quick
10508  Permitting Counties. In addition, the Jobs Florida Partnership
10509  Enterprise Florida, Inc., shall provide this information to
10510  prospective, new, expanding, and relocating businesses seeking
10511  to conduct business in this state, municipalities, counties,
10512  economic-development organizations, and chambers of commerce.
10513         Section 151. Subsections (1) and (2), paragraphs (d) and
10514  (e) of subsection (4), paragraph (a) of subsection (6), and
10515  subsection (8) of section 288.1162, Florida Statutes, are
10516  amended to read:
10517         288.1162 Professional sports franchises; duties.—
10518         (1) The Division of Strategic Business Development of Jobs
10519  Florida Office of Tourism, Trade, and Economic Development shall
10520  serve as the state agency for screening applicants for state
10521  funding under s. 212.20 and for certifying an applicant as a
10522  facility for a new or retained professional sports franchise.
10523         (2) The Division of Strategic Business Development of Jobs
10524  Florida Office of Tourism, Trade, and Economic Development shall
10525  develop rules for the receipt and processing of applications for
10526  funding under s. 212.20.
10527         (4) Before certifying an applicant as a facility for a new
10528  or retained professional sports franchise, the Division of
10529  Strategic Business Development of Jobs Florida Office of
10530  Tourism, Trade, and Economic Development must determine that:
10531         (d) The applicant has projections, verified by the Division
10532  of Strategic Business Development of Jobs Florida Office of
10533  Tourism, Trade, and Economic Development, which demonstrate that
10534  the new or retained professional sports franchise will attract a
10535  paid attendance of more than 300,000 annually.
10536         (e) The applicant has an independent analysis or study,
10537  verified by the Division of Strategic Business Development of
10538  Jobs Florida Office of Tourism, Trade, and Economic Development,
10539  which demonstrates that the amount of the revenues generated by
10540  the taxes imposed under chapter 212 with respect to the use and
10541  operation of the professional sports franchise facility will
10542  equal or exceed $2 million annually.
10543         (6)(a) The Division of Strategic Business Development of
10544  Jobs Florida Office of Tourism, Trade, and Economic Development
10545  shall notify the Department of Revenue of any facility certified
10546  as a facility for a new or retained professional sports
10547  franchise. The Division of Strategic Business Development of
10548  Jobs Florida Office of Tourism, Trade, and Economic Development
10549  shall certify no more than eight facilities as facilities for a
10550  new professional sports franchise or as facilities for a
10551  retained professional sports franchise, including in the total
10552  any facilities certified by the former Department of Commerce
10553  before July 1, 1996. The division office may make no more than
10554  one certification for any facility.
10555         (8) An applicant is not qualified for certification under
10556  this section if the franchise formed the basis for a previous
10557  certification, unless the previous certification was withdrawn
10558  by the facility or invalidated by the Division of Strategic
10559  Business Development of Jobs Florida Office of Tourism, Trade,
10560  and Economic Development or the former Department of Commerce
10561  before any funds were distributed under s. 212.20. This
10562  subsection does not disqualify an applicant if the previous
10563  certification occurred between May 23, 1993, and May 25, 1993;
10564  however, any funds to be distributed under s. 212.20 for the
10565  second certification shall be offset by the amount distributed
10566  to the previous certified facility. Distribution of funds for
10567  the second certification shall not be made until all amounts
10568  payable for the first certification are distributed.
10569         Section 152. Subsections (1), (2), (4), (5), (6), (7), and
10570  (8) of section 288.11621, Florida Statutes, are amended to read:
10571         288.11621 Spring training baseball franchises.—
10572         (1) DEFINITIONS.—As used in this section, the term:
10573         (a) “Agreement” means a certified, signed lease between an
10574  applicant that applies for certification on or after July 1,
10575  2010, and the spring training franchise for the use of a
10576  facility.
10577         (b) “Applicant” means a unit of local government as defined
10578  in s. 218.369, including local governments located in the same
10579  county that have partnered with a certified applicant before the
10580  effective date of this section or with an applicant for a new
10581  certification, for purposes of sharing in the responsibilities
10582  of a facility.
10583         (c) “Certified applicant” means a facility for a spring
10584  training franchise that was certified before July 1, 2010, under
10585  s. 288.1162(5), Florida Statutes 2009, or a unit of local
10586  government that is certified under this section.
10587         (d) “Facility” means a spring training stadium, playing
10588  fields, and appurtenances intended to support spring training
10589  activities.
10590         (e) “Local funds” and “local matching funds” mean funds
10591  provided by a county, municipality, or other local government.
10592         (f) “Office” means The Office of Tourism, Trade, and
10593  Economic Development.
10594         (2) CERTIFICATION PROCESS.—
10595         (a) Before certifying an applicant to receive state funding
10596  for a facility for a spring training franchise, Jobs Florida the
10597  Office must verify that:
10598         1. The applicant is responsible for the acquisition,
10599  construction, management, or operation of the facility for a
10600  spring training franchise or holds title to the property on
10601  which the facility for a spring training franchise is located.
10602         2. The applicant has a certified copy of a signed agreement
10603  with a spring training franchise for the use of the facility for
10604  a term of at least 20 years. The agreement also must require the
10605  franchise to reimburse the state for state funds expended by an
10606  applicant under this section if the franchise relocates before
10607  the agreement expires. The agreement may be contingent on an
10608  award of funds under this section and other conditions
10609  precedent.
10610         3. The applicant has made a financial commitment to provide
10611  50 percent or more of the funds required by an agreement for the
10612  acquisition, construction, or renovation of the facility for a
10613  spring training franchise. The commitment may be contingent upon
10614  an award of funds under this section and other conditions
10615  precedent.
10616         4. The applicant demonstrates that the facility for a
10617  spring training franchise will attract a paid attendance of at
10618  least 50,000 annually to the spring training games.
10619         5. The facility for a spring training franchise is located
10620  in a county that levies a tourist development tax under s.
10621  125.0104.
10622         (b) Jobs Florida The office shall competitively evaluate
10623  applications for state funding of a facility for a spring
10624  training franchise. The total number of certifications may not
10625  exceed 10 at any time. The evaluation criteria must include,
10626  with priority given in descending order to, the following items:
10627         1. The anticipated effect on the economy of the local
10628  community where the spring training facility is to be built,
10629  including projections on paid attendance, local and state tax
10630  collections generated by spring training games, and direct and
10631  indirect job creation resulting from the spring training
10632  activities. Priority shall be given to applicants who can
10633  demonstrate the largest projected economic impact.
10634         2. The amount of the local matching funds committed to a
10635  facility relative to the amount of state funding sought, with
10636  priority given to applicants that commit the largest amount of
10637  local matching funds relative to the amount of state funding
10638  sought.
10639         3. The potential for the facility to serve multiple uses.
10640         4. The intended use of the funds by the applicant, with
10641  priority given to the funds being used to acquire a facility,
10642  construct a new facility, or renovate an existing facility.
10643         5. The length of time that a spring training franchise has
10644  been under an agreement to conduct spring training activities
10645  within an applicant’s geographic location or jurisdiction, with
10646  priority given to applicants having agreements with the same
10647  franchise for the longest period of time.
10648         6. The length of time that an applicant’s facility has been
10649  used by one or more spring training franchises, with priority
10650  given to applicants whose facilities have been in continuous use
10651  as facilities for spring training the longest.
10652         7. The term remaining on a lease between an applicant and a
10653  spring training franchise for a facility, with priority given to
10654  applicants having the shortest lease terms remaining.
10655         8. The length of time that a spring training franchise
10656  agrees to use an applicant’s facility if an application is
10657  granted under this section, with priority given to applicants
10658  having agreements for the longest future use.
10659         9. The net increase of total active recreation space owned
10660  by the applicant after an acquisition of land for the facility,
10661  with priority given to applicants having the largest percentage
10662  increase of total active recreation space that will be available
10663  for public use.
10664         10. The location of the facility in a brownfield, an
10665  enterprise zone, a community redevelopment area, or other area
10666  of targeted development or revitalization included in an urban
10667  infill redevelopment plan, with priority given to applicants
10668  having facilities located in these areas.
10669         (c) Each applicant certified on or after July 1, 2010,
10670  shall enter into an agreement with Jobs Florida the office that:
10671         1. Specifies the amount of the state incentive funding to
10672  be distributed.
10673         2. States the criteria that the certified applicant must
10674  meet in order to remain certified.
10675         3. States that the certified applicant is subject to
10676  decertification if the certified applicant fails to comply with
10677  this section or the agreement.
10678         4. States that Jobs Florida the office may recover state
10679  incentive funds if the certified applicant is decertified.
10680         5. Specifies information that the certified applicant must
10681  report to Jobs Florida the office.
10682         6. Includes any provision deemed prudent by Jobs Florida
10683  the office.
10684         (4) ANNUAL REPORTS.—On or before September 1 of each year,
10685  a certified applicant shall submit to Jobs Florida the office a
10686  report that includes, but is not limited to:
10687         (a) A copy of its most recent annual audit.
10688         (b) A detailed report on all local and state funds expended
10689  to date on the project being financed under this section.
10690         (c) A copy of the contract between the certified local
10691  governmental entity and the spring training team.
10692         (d) A cost-benefit analysis of the team’s impact on the
10693  community.
10694         (e) Evidence that the certified applicant continues to meet
10695  the criteria in effect when the applicant was certified.
10696         (5) DECERTIFICATION.—
10697         (a) Jobs Florida The office shall decertify a certified
10698  applicant upon the request of the certified applicant.
10699         (b) Jobs Florida The office shall decertify a certified
10700  applicant if the certified applicant does not:
10701         1. Have a valid agreement with a spring training franchise;
10702  or
10703         2. Satisfy its commitment to provide local matching funds
10704  to the facility.
10705  
10706  However, decertification proceedings against a local government
10707  certified before July 1, 2010, shall be delayed until 12 months
10708  after the expiration of the local government’s existing
10709  agreement with a spring training franchise, and without a new
10710  agreement being signed, if the certified local government can
10711  demonstrate to Jobs Florida the office that it is in active
10712  negotiations with a major league spring training franchise,
10713  other than the franchise that was the basis for the original
10714  certification.
10715         (c) A certified applicant has 60 days after it receives a
10716  notice of intent to decertify from Jobs Florida the office to
10717  petition the office’s director for review of the
10718  decertification. Within 45 days after receipt of the request for
10719  review, Jobs Florida the director must notify a certified
10720  applicant of the outcome of the review.
10721         (d) Jobs Florida the office shall notify the Department of
10722  Revenue that a certified applicant is decertified within 10 days
10723  after the order of decertification becomes final. The Department
10724  of Revenue shall immediately stop the payment of any funds under
10725  this section that were not encumbered by the certified applicant
10726  under subparagraph (3)(a)2.
10727         (e) Jobs Florida the office shall order a decertified
10728  applicant to repay all of the unencumbered state funds that the
10729  local government received under this section and any interest
10730  that accrued on those funds. The repayment must be made within
10731  60 days after the decertification order becomes final. These
10732  funds shall be deposited into the General Revenue Fund.
10733         (f) A local government as defined in s. 218.369 may not be
10734  decertified by Jobs Florida if it has paid or pledged for the
10735  payment of debt service on, or to fund debt service reserve
10736  funds, arbitrage rebate obligations, or other amounts payable
10737  with respect thereto, bonds issued for the acquisition,
10738  construction, reconstruction, or renovation of the facility for
10739  which the local government was certified, or for the
10740  reimbursement of such costs or the refinancing of bonds issued
10741  for the acquisition, construction, reconstruction, or renovation
10742  of the facility for which the local government was certified, or
10743  for the reimbursement of such costs or the refinancing of bonds
10744  issued for such purpose. This subsection does not preclude or
10745  restrict the ability of a certified local government to
10746  refinance, refund, or defease such bonds.
10747         (6) ADDITIONAL CERTIFICATIONS.—If Jobs Florida the office
10748  decertifies a unit of local government, Jobs Florida the office
10749  may accept applications for an additional certification. A unit
10750  of local government may not be certified for more than one
10751  spring training franchise at any time.
10752         (7) STRATEGIC PLANNING.—
10753         (a) Jobs Florida The office shall request assistance from
10754  the Jobs Florida Partnership, Inc., Florida Sports Foundation
10755  and the Florida Grapefruit League Association to update every 5
10756  years the spring training develop a comprehensive strategic plan
10757  that to:
10758         1. Explores alternatives for financing Finance spring
10759  training facilities.
10760         2. Evaluates and monitors Monitor and oversee the use of
10761  state funds awarded to applicants.
10762         3. Identifies Identify the financial impact that spring
10763  training has on the state and ways in which to maintain or
10764  improve that impact.
10765         4. Identifies Identify opportunities to develop public
10766  private partnerships to engage in marketing activities and
10767  advertise spring training baseball.
10768         5. Identifies Identify efforts made by other states to
10769  maintain or develop partnerships with baseball spring training
10770  teams.
10771         6. Develops Develop recommendations for the Legislature to
10772  sustain or improve this state’s spring training tradition.
10773         (b) Jobs Florida The office shall submit a copy of the
10774  updated strategic plan to the Governor, the President of the
10775  Senate, and the Speaker of the House of Representatives by
10776  December 31 of every fifth year, beginning in 2015, 2010.
10777         (8) RULEMAKING.—Jobs Florida The office shall adopt rules
10778  to implement the certification, decertification, and
10779  decertification review processes required by this section.
10780         Section 153. Subsections (1), (2), and (4) of section
10781  288.1168, Florida Statutes, are amended to read:
10782         288.1168 Professional golf hall of fame facility.—
10783         (1) The Division of Strategic Business Development of Jobs
10784  Florida Department of Commerce shall serve as the state agency
10785  for screening applicants for state funding pursuant to s. 212.20
10786  and for certifying one applicant as the professional golf hall
10787  of fame facility in the state.
10788         (2) Prior to certifying the professional golf hall of fame
10789  facility, the Division of Strategic Business Development of Jobs
10790  Florida Department of Commerce must determine that:
10791         (a) The professional golf hall of fame facility is the only
10792  professional golf hall of fame in the United States recognized
10793  by the PGA Tour, Inc.
10794         (b) The applicant is a unit of local government as defined
10795  in s. 218.369 or a private sector group that has contracted to
10796  construct or operate the professional golf hall of fame facility
10797  on land owned by a unit of local government.
10798         (c) The municipality in which the professional golf hall of
10799  fame facility is located, or the county if the facility is
10800  located in an unincorporated area, has certified by resolution
10801  after a public hearing that the application serves a public
10802  purpose.
10803         (d) There are existing projections that the professional
10804  golf hall of fame facility will attract a paid attendance of
10805  more than 300,000 annually.
10806         (e) There is an independent analysis or study, using
10807  methodology approved by the division department, which
10808  demonstrates that the amount of the revenues generated by the
10809  taxes imposed under chapter 212 with respect to the use and
10810  operation of the professional golf hall of fame facility will
10811  equal or exceed $2 million annually.
10812         (f) The applicant has submitted an agreement to provide $2
10813  million annually in national and international media promotion
10814  of the professional golf hall of fame facility, Florida, and
10815  Florida tourism, through the PGA Tour, Inc., or its affiliates,
10816  at the then-current commercial rate, during the period of time
10817  that the facility receives funds pursuant to s. 212.20. The Jobs
10818  Florida Partnership, Inc., Office of Tourism, Trade, and
10819  Economic Development and the PGA Tour, Inc., or its affiliates,
10820  must agree annually on a reasonable percentage of advertising
10821  specifically allocated for generic Florida advertising. The Jobs
10822  Florida Partnership, Inc., Office of Tourism, Trade, and
10823  Economic Development shall have final approval of all generic
10824  advertising. Failure on the part of the PGA Tour, Inc., or its
10825  affiliates to annually provide the advertising as provided in
10826  this paragraph or subsection (6) shall result in the termination
10827  of funding as provided in s. 212.20.
10828         (g) Documentation exists that demonstrates that the
10829  applicant has provided, is capable of providing, or has
10830  financial or other commitments to provide more than one-half of
10831  the costs incurred or related to the improvement and development
10832  of the facility.
10833         (h) The application is signed by an official senior
10834  executive of the applicant and is notarized according to Florida
10835  law providing for penalties for falsification.
10836         (4) Upon determining that an applicant is or is not
10837  certifiable, the Division of Strategic Business Development of
10838  Jobs Florida Secretary of Commerce shall notify the applicant of
10839  his or her status by means of an official letter. If
10840  certifiable, the division secretary shall notify the executive
10841  director of the Department of Revenue and the applicant of such
10842  certification by means of an official letter granting
10843  certification. From the date of such certification, the
10844  applicant shall have 5 years to open the professional golf hall
10845  of fame facility to the public and notify the division Office of
10846  Tourism, Trade, and Economic Development of such opening. The
10847  Department of Revenue shall not begin distributing funds until
10848  30 days following notice by the division Office of Tourism,
10849  Trade, and Economic Development that the professional golf hall
10850  of fame facility is open to the public.
10851         Section 154. Section 288.1169, Florida Statutes, is amended
10852  to read:
10853         288.1169 International Game Fish Association World Center
10854  facility.—
10855         (1) The Division of Strategic Business Development of Jobs
10856  Florida Department of Commerce shall serve as the state agency
10857  approving applicants for funding pursuant to s. 212.20 and for
10858  certifying the applicant as the International Game Fish
10859  Association World Center facility. For purposes of this section,
10860  “facility” means the International Game Fish Association World
10861  Center, and “project” means the International Game Fish
10862  Association World Center and new colocated improvements by
10863  private sector concerns who have made cash or in-kind
10864  contributions to the facility of $1 million or more.
10865         (2) Prior to certifying this facility, the division
10866  department must determine that:
10867         (a) The International Game Fish Association World Center is
10868  the only fishing museum, Hall of Fame, and international
10869  administrative headquarters in the United States recognized by
10870  the International Game Fish Association, and that one or more
10871  private sector concerns have committed to donate to the
10872  International Game Fish Association land upon which the
10873  International Game Fish Association World Center will operate.
10874         (b) International Game Fish Association is a not-for-profit
10875  Florida corporation that has contracted to construct and operate
10876  the facility.
10877         (c) The municipality in which the facility is located, or
10878  the county if the facility is located in an unincorporated area,
10879  has certified by resolution after a public hearing that the
10880  facility serves a public purpose.
10881         (d) There are existing projections that the International
10882  Game Fish Association World Center facility and the colocated
10883  facilities of private sector concerns will attract an attendance
10884  of more than 1.8 million annually.
10885         (e) There is an independent analysis or study, using
10886  methodology approved by the division department, which
10887  demonstrates that the amount of the revenues generated by the
10888  taxes imposed under chapter 212 with respect to the use and
10889  operation of the project will exceed $1 million annually.
10890         (f) There are existing projections that the project will
10891  attract more than 300,000 persons annually who are not residents
10892  of the state.
10893         (g) The applicant has submitted an agreement to provide
10894  $500,000 annually in national and international media promotion
10895  of the facility, at the then-current commercial rates, during
10896  the period of time that the facility receives funds pursuant to
10897  s. 212.20. Failure on the part of the applicant to annually
10898  provide the advertising as provided in this paragraph shall
10899  result in the termination of the funding as provided in s.
10900  212.20. The applicant can discharge its obligation under this
10901  paragraph by contracting with other persons, including private
10902  sector concerns who participate in the project.
10903         (h) Documentation exists that demonstrates that the
10904  applicant has provided, and is capable of providing, or has
10905  financial or other commitments to provide, more than one-half of
10906  the cost incurred or related to the improvements and the
10907  development of the facility.
10908         (i) The application is signed by senior officials of the
10909  International Game Fish Association and is notarized according
10910  to Florida law providing for penalties for falsification.
10911         (3) The applicant may use funds provided pursuant to s.
10912  212.20 for the purpose of paying for the construction,
10913  reconstruction, renovation, promotion, or operation of the
10914  facility, or to pay or pledge for payment of debt service on, or
10915  to fund debt service reserve funds, arbitrage rebate
10916  obligations, or other amounts payable with respect to, bonds
10917  issued for the construction, reconstruction, or renovation of
10918  the facility or for the reimbursement of such costs or by
10919  refinancing of bonds issued for such purposes.
10920         (4) Upon determining that an applicant is or is not
10921  certifiable, the Division of Strategic Business Development of
10922  Jobs Florida Department of Commerce shall notify the applicant
10923  of its status by means of an official letter. If certifiable,
10924  the division Department of Commerce shall notify the executive
10925  director of the Department of Revenue and the applicant of such
10926  certification by means of an official letter granting
10927  certification. From the date of such certification, the
10928  applicant shall have 5 years to open the facility to the public
10929  and notify the division Department of Commerce of such opening.
10930  The Department of Revenue shall not begin distributing funds
10931  until 30 days following notice by the division Department of
10932  Commerce that the facility is open to the public.
10933         (5) The Department of Revenue may audit as provided in s.
10934  213.34 to verify that the contributions pursuant to this section
10935  have been expended as required by this section.
10936         (6) The Division of Strategic Business Development of Jobs
10937  Florida Department of Commerce must recertify every 10 years
10938  that the facility is open, that the International Game Fish
10939  Association World Center continues to be the only international
10940  administrative headquarters, fishing museum, and Hall of Fame in
10941  the United States recognized by the International Game Fish
10942  Association, and that the project is meeting the minimum
10943  projections for attendance or sales tax revenues as required at
10944  the time of original certification. If the facility is not
10945  recertified during this 10-year review as meeting the minimum
10946  projections, then funding shall be abated until certification
10947  criteria are met. If the project fails to generate $1 million of
10948  annual revenues pursuant to paragraph (2)(e), the distribution
10949  of revenues pursuant to s. 212.20(6)(d)6.d. shall be reduced to
10950  an amount equal to $83,333 multiplied by a fraction, the
10951  numerator of which is the actual revenues generated and the
10952  denominator of which is $1 million. Such reduction remains in
10953  effect until revenues generated by the project in a 12-month
10954  period equal or exceed $1 million.
10955         Section 155. Paragraph (d) of subsection (1), and
10956  subsections (2) and (3) of section 288.1171, Florida Statutes,
10957  are amended, and present paragraphs (e) through (g) of
10958  subsection (1) are redesignated as paragraphs (d) through (f),
10959  respectively, to read:
10960         288.1171 Motorsports entertainment complex; definitions;
10961  certification; duties.—
10962         (1) As used in this section, the term:
10963         (d) “Office” means The Office of Tourism, Trade, and
10964  Economic Development of the Executive Office of the Governor.
10965         (2) Jobs Florida The Office of Tourism, Trade, and Economic
10966  Development shall serve as the state agency for screening
10967  applicants for local option funding under s. 218.64(3) and for
10968  certifying an applicant as a motorsports entertainment complex.
10969  Jobs Florida The Office shall develop and adopt rules for the
10970  receipt and processing of applications for funding under s.
10971  218.64(3). Jobs Florida The Office shall make a determination
10972  regarding any application filed by an applicant not later than
10973  120 days after the application is filed.
10974         (3) Before certifying an applicant as a motorsports
10975  entertainment complex, Jobs Florida the Office must determine
10976  that:
10977         (a) A unit of local government holds title to the land on
10978  which the motorsports entertainment complex is located or holds
10979  title to the motorsports entertainment complex.
10980         (b) The municipality in which the motorsports entertainment
10981  complex is located, or the county if the motorsports
10982  entertainment complex is located in an unincorporated area, has
10983  certified by resolution after a public hearing that the
10984  application serves a public purpose.
10985         Section 156. Section 288.122, Florida Statutes, is amended
10986  to read:
10987         288.122 Tourism Promotional Trust Fund.—There is created
10988  within Jobs Florida The Office of Tourism, Trade, and Economic
10989  Development of the Executive Office of the Governor the Tourism
10990  Promotional Trust Fund. Moneys deposited in the Tourism
10991  Promotional Trust Fund shall only be used to support the
10992  authorized activities and operations of the Florida Commission
10993  on Tourism, and to support tourism promotion and marketing
10994  activities, services, functions, and programs administered by
10995  the Jobs Florida Partnership, Inc., Florida Commission on
10996  Tourism through a contract with Jobs Florida the commission’s
10997  direct-support organization created under s. 288.1226.
10998         Section 157. Section 288.12265, Florida Statutes, is
10999  amended to read:
11000         288.12265 Welcome centers.—
11001         (1) Responsibility for the welcome centers is assigned to
11002  the Jobs Florida Partnership, Inc., Florida Commission on
11003  Tourism which shall contract with the commission’s direct
11004  support organization to employ all welcome center staff.
11005         (2) The Jobs Florida Partnership, Inc., Florida Commission
11006  on Tourism, through its direct-support organization, shall
11007  administer and operate the welcome centers. Pursuant to a
11008  contract with the Department of Transportation, the Jobs Florida
11009  Partnership, Inc., commission shall be responsible for routine
11010  repair, replacement, or improvement and the day-to-day
11011  management of interior areas occupied by the welcome centers.
11012  All other repairs, replacements, or improvements to the welcome
11013  centers shall be the responsibility of the Department of
11014  Transportation.
11015         Section 158. Section 288.124, Florida Statutes, is amended
11016  to read:
11017         288.124 Convention grants program.—The Jobs Florida
11018  Partnership, Inc., Commission on Tourism is authorized to
11019  establish a convention grants program and, pursuant thereto, to
11020  recommend to Jobs Florida The Office of Tourism, Trade, and
11021  Economic Development expenditures and contracts with local
11022  governments and nonprofit corporations or organizations for the
11023  purpose of attracting national conferences and conventions to
11024  Florida. Preference shall be given to local governments and
11025  nonprofit corporations or organizations seeking to attract
11026  minority conventions to Florida. Minority conventions are events
11027  that primarily involve minority persons, as defined in s.
11028  288.703, who are residents or nonresidents of the state. The
11029  commission shall establish guidelines governing the award of
11030  grants and the administration of this program. Jobs Florida The
11031  Office of Tourism, Trade, and Economic Development has final
11032  approval authority for any grants under this section. The total
11033  annual allocation of funds for this program shall not exceed
11034  $40,000.
11035         Section 159. Subsection (1) of section 288.1251, Florida
11036  Statutes, is amended to read:
11037         288.1251 Promotion and development of entertainment
11038  industry; Office of Film and Entertainment; creation; purpose;
11039  powers and duties.—
11040         (1) CREATION.—
11041         (a) There is hereby created within Jobs Florida The Office
11042  of Tourism, Trade, and Economic Development the Office of Film
11043  and Entertainment for the purpose of developing, marketing,
11044  promoting, and providing services to the state’s entertainment
11045  industry.
11046         (b) Jobs Florida The Office of Tourism, Trade, and Economic
11047  Development shall conduct a national search for a qualified
11048  person to fill the position of Commissioner of Film and
11049  Entertainment when the position is vacant. The commissioner of
11050  Jobs Florida Executive Director of the Office of Tourism, Trade,
11051  and Economic Development has the responsibility to hire the film
11052  commissioner. Qualifications for the film commissioner include,
11053  but are not limited to, the following:
11054         1. A working knowledge of the equipment, personnel,
11055  financial, and day-to-day production operations of the
11056  industries to be served by the Office of Film and Entertainment;
11057         2. Marketing and promotion experience related to the film
11058  and entertainment industries to be served;
11059         3. Experience working with a variety of individuals
11060  representing large and small entertainment-related businesses,
11061  industry associations, local community entertainment industry
11062  liaisons, and labor organizations; and
11063         4. Experience working with a variety of state and local
11064  governmental agencies.
11065         Section 160. Subsections (1) and (2), paragraph (e) of
11066  subsection (3), and paragraphs (d), (f), (g), and (h) of
11067  subsection (5) of section 288.1252, Florida Statutes, are
11068  amended to read:
11069         288.1252 Florida Film and Entertainment Advisory Council;
11070  creation; purpose; membership; powers and duties.—
11071         (1) CREATION.—There is hereby created within Jobs Florida
11072  The Office of Tourism, Trade, and Economic Development of the
11073  Executive Office of the Governor, for administrative purposes
11074  only, the Florida Film and Entertainment Advisory Council.
11075         (2) PURPOSE.—The purpose of the council shall be to serve
11076  as an advisory body to Jobs Florida The Office of Tourism,
11077  Trade, and Economic Development and to the Office of Film and
11078  Entertainment to provide these offices with industry insight and
11079  expertise related to developing, marketing, promoting, and
11080  providing service to the state’s entertainment industry.
11081         (3) MEMBERSHIP.—
11082         (e)  A representative of the Jobs Florida Partnership,
11083  Inc., and Enterprise Florida, Inc., a representative of
11084  Workforce Florida, Inc., and a representative of VISIT Florida
11085  shall serve as ex officio, nonvoting members of the council, and
11086  shall be in addition to the 17 appointed members of the council.
11087         (5) POWERS AND DUTIES.—The Florida Film and Entertainment
11088  Advisory Council shall have all the powers necessary or
11089  convenient to carry out and effectuate the purposes and
11090  provisions of this act, including, but not limited to, the power
11091  to:
11092         (d) Consider and study the needs of the entertainment
11093  industry for the purpose of advising the film commissioner and
11094  Jobs Florida The Office of Tourism, Trade, and Economic
11095  Development.
11096         (f) Consider all matters submitted to it by the film
11097  commissioner and Jobs Florida the Office of Tourism, Trade, and
11098  Economic Development.
11099         (g) Advise and consult with the film commissioner and Jobs
11100  Florida The Office of Tourism, Trade, and Economic Development,
11101  at their request or upon its own initiative, regarding the
11102  promulgation, administration, and enforcement of all laws and
11103  rules relating to the entertainment industry.
11104         (h) Suggest policies and practices for the conduct of
11105  business by the Office of Film and Entertainment or by Jobs
11106  Florida The Office of Tourism, Trade, and Economic Development
11107  that will improve internal operations affecting the
11108  entertainment industry and will enhance the economic development
11109  initiatives of the state for the industry.
11110         Section 161. Subsections (1), (2), (3), and (4) of section
11111  288.1253, Florida Statutes, are amended to read:
11112         288.1253 Travel and entertainment expenses.—
11113         (1) As used in this section, the term “travel expenses”
11114  means the actual, necessary, and reasonable costs of
11115  transportation, meals, lodging, and incidental expenses normally
11116  incurred by an employee of the Office of Film and Entertainment,
11117  which costs are defined and prescribed by rules adopted by Jobs
11118  Florida The Office of Tourism, Trade, and Economic Development,
11119  subject to approval by the Chief Financial Officer.
11120         (2) Notwithstanding the provisions of s. 112.061, Jobs
11121  Florida The Office of Tourism, Trade, and Economic Development
11122  shall adopt rules by which it may make expenditures by
11123  reimbursement to: the Governor, the Lieutenant Governor,
11124  security staff of the Governor or Lieutenant Governor, the
11125  Commissioner of Film and Entertainment, or staff of the Office
11126  of Film and Entertainment for travel expenses or entertainment
11127  expenses incurred by such individuals solely and exclusively in
11128  connection with the performance of the statutory duties of the
11129  Office of Film and Entertainment. The rules are subject to
11130  approval by the Chief Financial Officer before adoption. The
11131  rules shall require the submission of paid receipts, or other
11132  proof of expenditure prescribed by the Chief Financial Officer,
11133  with any claim for reimbursement.
11134         (3) Jobs Florida The Office of Tourism, Trade, and Economic
11135  Development shall prepare an annual report of the expenditures
11136  of the Office of Film and Entertainment and provide such report
11137  to the Legislature no later than December 30 of each year for
11138  the expenditures of the previous fiscal year. The report shall
11139  consist of a summary of all travel, entertainment, and
11140  incidental expenses incurred within the United States and all
11141  travel, entertainment, and incidental expenses incurred outside
11142  the United States, as well as a summary of all successful
11143  projects that developed from such travel.
11144         (4) The Office of Film and Entertainment and its employees
11145  and representatives, when authorized, may accept and use
11146  complimentary travel, accommodations, meeting space, meals,
11147  equipment, transportation, and any other goods or services
11148  necessary for or beneficial to the performance of the office’s
11149  duties and purposes, so long as such acceptance or use is not in
11150  conflict with part III of chapter 112. Jobs Florida The Office
11151  of Tourism, Trade, and Economic Development shall, by rule,
11152  develop internal controls to ensure that such goods or services
11153  accepted or used pursuant to this subsection are limited to
11154  those that will assist solely and exclusively in the furtherance
11155  of the office’s goals and are in compliance with part III of
11156  chapter 112.
11157         Section 162. Paragraph (a) of subsection (1), paragraphs
11158  (d), (f), and (g) of subsection (3), paragraphs (c) and (d) of
11159  subsection (4), paragraph (a) of subsection (5), and paragraph
11160  (b) of subsection (9) of section 288.1254, Florida Statutes, are
11161  amended to read:
11162         288.1254 Entertainment industry financial incentive
11163  program.—
11164         (1) DEFINITIONS.—As used in this section, the term:
11165         (a) “Certified production” means a qualified production
11166  that has tax credits allocated to it by Jobs Florida the Office
11167  of Tourism, Trade, and Economic Development based on the
11168  production’s estimated qualified expenditures, up to the
11169  production’s maximum certified amount of tax credits, by Jobs
11170  Florida the Office of Tourism, Trade, and Economic Development.
11171  The term does not include a production if its first day of
11172  principal photography or project start date in this state occurs
11173  before the production is certified by Jobs Florida The Office of
11174  Tourism, Trade, and Economic Development, unless the production
11175  spans more than 1 fiscal year, was a certified production on its
11176  first day of principal photography or project start date in this
11177  state, and submits an application for continuing the same
11178  production for the subsequent fiscal year.
11179         (3) APPLICATION PROCEDURE; APPROVAL PROCESS.—
11180         (d) Certification.—The Office of Film and Entertainment
11181  shall review the application within 15 business days after
11182  receipt. Upon its determination that the application contains
11183  all the information required by this subsection and meets the
11184  criteria set out in this section, the Office of Film and
11185  Entertainment shall qualify the applicant and recommend to Jobs
11186  Florida the Office of Tourism, Trade, and Economic Development
11187  that the applicant be certified for the maximum tax credit award
11188  amount. Within 5 business days after receipt of the
11189  recommendation, Jobs Florida the Office of Tourism, Trade, and
11190  Economic Development shall reject the recommendation or certify
11191  the maximum recommended tax credit award, if any, to the
11192  applicant and to the executive director of the Department of
11193  Revenue.
11194         (f) Verification of actual qualified expenditures.—
11195         1. The Office of Film and Entertainment shall develop a
11196  process to verify the actual qualified expenditures of a
11197  certified production. The process must require:
11198         a. A certified production to submit, in a timely manner
11199  after production ends in this state and after making all of its
11200  qualified expenditures in this state, data substantiating each
11201  qualified expenditure, including documentation on the net
11202  expenditure on equipment and other tangible personal property by
11203  the qualified production, to an independent certified public
11204  accountant licensed in this state;
11205         b. Such accountant to conduct a compliance audit, at the
11206  certified production’s expense, to substantiate each qualified
11207  expenditure and submit the results as a report, along with the
11208  required substantiating data, to the Office of Film and
11209  Entertainment; and
11210         c. The Office of Film and Entertainment to review the
11211  accountant’s submittal and report to Jobs Florida the Office of
11212  Tourism, Trade, and Economic Development the final verified
11213  amount of actual qualified expenditures made by the certified
11214  production.
11215         2. Jobs Florida The Office of Tourism, Trade, and Economic
11216  Development shall determine and approve the final tax credit
11217  award amount to each certified applicant based on the final
11218  verified amount of actual qualified expenditures and shall
11219  notify the executive director of the Department of Revenue in
11220  writing that the certified production has met the requirements
11221  of the incentive program and of the final amount of the tax
11222  credit award. The final tax credit award amount may not exceed
11223  the maximum tax credit award amount certified under paragraph
11224  (d).
11225         (g) Promoting Florida.—The Office of Film and Entertainment
11226  shall ensure that, as a condition of receiving a tax credit
11227  under this section, marketing materials promoting this state as
11228  a tourist destination or film and entertainment production
11229  destination are included, when appropriate, at no cost to the
11230  state, which must, at a minimum, include placement of a “Filmed
11231  in Florida” or “Produced in Florida” logo in the end credits.
11232  The placement of a “Filmed in Florida” or “Produced in Florida”
11233  logo on all packaging material and hard media is also required,
11234  unless such placement is prohibited by licensing or other
11235  contractual obligations. The size and placement of such logo
11236  shall be commensurate to other logos used. If no logos are used,
11237  the statement “Filmed in Florida using Florida’s Entertainment
11238  Industry Financial Incentive,” or a similar statement approved
11239  by the Office of Film and Entertainment, shall be used. The
11240  Office of Film and Entertainment shall provide a logo and supply
11241  it for the purposes specified in this paragraph. A 30-second
11242  “Visit Florida” promotional video must also be included on all
11243  optical disc formats of a film, unless such placement is
11244  prohibited by licensing or other contractual obligations. The
11245  30-second promotional video shall be approved and provided by
11246  the Jobs Florida Partnership, Inc., Florida Tourism Industry
11247  Marketing Corporation in consultation with the Commissioner of
11248  Film and Entertainment.
11249         (4) TAX CREDIT ELIGIBILITY; TAX CREDIT AWARDS; QUEUES;
11250  ELECTION AND DISTRIBUTION; CARRYFORWARD; CONSOLIDATED RETURNS;
11251  PARTNERSHIP AND NONCORPORATE DISTRIBUTIONS; MERGERS AND
11252  ACQUISITIONS.—
11253         (c) Withdrawal of tax credit eligibility.—A qualified or
11254  certified production must continue on a reasonable schedule,
11255  which includes beginning principal photography or the production
11256  project in this state no more than 45 calendar days before or
11257  after the principal photography or project start date provided
11258  in the production’s program application. Jobs Florida The Office
11259  of Tourism, Trade, and Economic Development shall withdraw the
11260  eligibility of a qualified or certified production that does not
11261  continue on a reasonable schedule.
11262         (d) Election and distribution of tax credits.—
11263         1. A certified production company receiving a tax credit
11264  award under this section shall, at the time the credit is
11265  awarded by Jobs Florida the Office of Tourism, Trade, and
11266  Economic Development after production is completed and all
11267  requirements to receive a credit award have been met, make an
11268  irrevocable election to apply the credit against taxes due under
11269  chapter 220, against state taxes collected or accrued under
11270  chapter 212, or against a stated combination of the two taxes.
11271  The election is binding upon any distributee, successor,
11272  transferee, or purchaser. Jobs Florida the Office of Tourism,
11273  Trade, and Economic Development shall notify the Department of
11274  Revenue of any election made pursuant to this paragraph.
11275         2. A qualified production company is eligible for tax
11276  credits against its sales and use tax liabilities and corporate
11277  income tax liabilities as provided in this section. However, tax
11278  credits awarded under this section may not be claimed against
11279  sales and use tax liabilities or corporate income tax
11280  liabilities for any tax period beginning before July 1, 2011,
11281  regardless of when the credits are applied for or awarded.
11282         (5) TRANSFER OF TAX CREDITS.—
11283         (a) Authorization.—Upon application to the Office of Film
11284  and Entertainment and approval by Jobs Florida the Office of
11285  Tourism, Trade, and Economic Development, a certified production
11286  company, or a partner or member that has received a distribution
11287  under paragraph (4)(g), may elect to transfer, in whole or in
11288  part, any unused credit amount granted under this section. An
11289  election to transfer any unused tax credit amount under chapter
11290  212 or chapter 220 must be made no later than 5 years after the
11291  date the credit is awarded, after which period the credit
11292  expires and may not be used. Jobs Florida The Office of Tourism,
11293  Trade, and Economic Development shall notify the Department of
11294  Revenue of the election and transfer.
11295         (9) AUDIT AUTHORITY; REVOCATION AND FORFEITURE OF TAX
11296  CREDITS; FRAUDULENT CLAIMS.—
11297         (b) Revocation of tax credits.Jobs Florida The Office of
11298  Tourism, Trade, and Economic Development may revoke or modify
11299  any written decision qualifying, certifying, or otherwise
11300  granting eligibility for tax credits under this section if it is
11301  discovered that the tax credit applicant submitted any false
11302  statement, representation, or certification in any application,
11303  record, report, plan, or other document filed in an attempt to
11304  receive tax credits under this section. Jobs Florida The Office
11305  of Tourism, Trade, and Economic Development shall immediately
11306  notify the Department of Revenue of any revoked or modified
11307  orders affecting previously granted tax credits. Additionally,
11308  the applicant must notify the Department of Revenue of any
11309  change in its tax credit claimed.
11310         Section 163. Section 288.386, Florida Statutes, is amended
11311  to read:
11312         288.386 Florida-Caribbean Basin Trade Initiative.—
11313         (1) Contingent upon a specific appropriation, the Seaport
11314  Employment Training Grant Program (STEP) shall establish and
11315  administer the Florida-Caribbean Basin Trade Initiative for the
11316  purpose of assisting small and medium-sized businesses to become
11317  involved in international activities and helping them to
11318  identify markets with product demand, identify strategic
11319  alliances in those markets, and obtain the financing to
11320  effectuate trade opportunities in the Caribbean Basin. The
11321  initiative must focus assistance to businesses located in urban
11322  communities. The initiative shall offer export readiness,
11323  assistance and referral services, internships, seminars,
11324  workshops, conferences, and e-commerce plus mentoring and
11325  matchmaking services, but shall coordinate with and not
11326  duplicate those services provided by the Jobs Florida
11327  Partnership Enterprise Florida, Inc.
11328         (2) To enhance initiative effectiveness and leverage
11329  resources, STEP shall coordinate initiative activities with the
11330  Jobs Florida Partnership Enterprise Florida, Inc., United States
11331  Export Assistance Centers, Florida Export Finance Corporation,
11332  Florida Trade Data Center, Small Business Development Centers,
11333  and any other organizations STEP deems appropriate. The
11334  coordination may encompass export assistance and referral
11335  services, export financing, job-training programs, educational
11336  programs, market research and development, market promotion,
11337  trade missions, e-commerce, and mentoring and matchmaking
11338  services relative to the expansion of trade between Florida and
11339  the Caribbean Basin. The initiative shall also form alliances
11340  with multilateral, international, and domestic funding programs
11341  from Florida, the United States, and the Caribbean Basin to
11342  coordinate systems and programs for fundamental assistance in
11343  facilitating trade and investment.
11344         (3) STEP shall administer the Florida-Caribbean Basin Trade
11345  Initiative pursuant to a performance-based contract with Jobs
11346  Florida, which the Office of Tourism, Trade, and Economic
11347  Development. The Office of Tourism, Trade, and Economic
11348  Development shall develop performance measures, standards, and
11349  sanctions for the initiative. Performance measures must include,
11350  but are not limited to, the number of businesses assisted; the
11351  number of urban businesses assisted; and the increase in value
11352  of exports to the Caribbean which is attributable to the
11353  initiative.
11354         Section 164. Section 288.7011, Florida Statutes, is amended
11355  to read:
11356         288.7011 Assistance to certified development corporation.
11357  Jobs Florida The Office of Tourism, Trade, and Economic
11358  Development is authorized to enter into contracts with a
11359  nonprofit, statewide development corporation certified pursuant
11360  to s. 503 of the Small Business Investment Act of 1958, as
11361  amended, to permit such corporation to locate and contract for
11362  administrative and technical staff assistance and support,
11363  including, without limitation, assistance to the development
11364  corporation in the packaging and servicing of loans for the
11365  purpose of stimulating and expanding the availability of private
11366  equity capital and long-term loans to small businesses. Such
11367  assistance and support will cease when the corporation has
11368  received state support in an amount the equivalent of $250,000
11369  per year over a 5-year period beginning July 1, 1997. Any
11370  contract between Jobs Florida the Office and such corporation
11371  shall specify that the records of the corporation must be
11372  available for audit by Jobs Florida the Office and by the
11373  Auditor General.
11374         Section 165. Section 288.7015, Florida Statutes, is amended
11375  to read:
11376         288.7015 Appointment of rules ombudsman; duties.—The
11377  Governor shall appoint a rules ombudsman, as defined in s.
11378  288.703, in the Executive Office of the Governor, for
11379  considering the impact of agency rules on the state’s citizens
11380  and businesses. In carrying out duties as provided by law, the
11381  ombudsman shall consult with the Jobs Florida Partnership
11382  Enterprise Florida, Inc., at which point Jobs Florida the office
11383  may recommend to improve the regulatory environment of this
11384  state. The duties of the rules ombudsman are to:
11385         (1) Carry out the responsibility provided in s. 120.54(2),
11386  with respect to small businesses.
11387         (2) Review state agency rules that adversely or
11388  disproportionately impact businesses, particularly those
11389  relating to small and minority businesses.
11390         (3) Make recommendations on any existing or proposed rules
11391  to alleviate unnecessary or disproportionate adverse effects to
11392  businesses.
11393         (4) Each state agency shall cooperate fully with the rules
11394  ombudsman in identifying such rules. Further, each agency shall
11395  take the necessary steps to waive, modify, or otherwise minimize
11396  such adverse effects of any such rules. However, nothing in this
11397  section authorizes any state agency to waive, modify, provide
11398  exceptions to, or otherwise alter any rule that is:
11399         (a) Expressly required to implement or enforce any
11400  statutory provision or the express legislative intent thereof;
11401         (b) Designed to protect persons against discrimination on
11402  the basis of race, color, national origin, religion, sex, age,
11403  handicap, or marital status; or
11404         (c) Likely to prevent a significant risk or danger to the
11405  public health, the public safety, or the environment of the
11406  state.
11407         (5) The modification or waiver of any such rule pursuant to
11408  this section must be accomplished in accordance with the
11409  provisions of chapter 120.
11410         Section 166. Section 288.705, Florida Statutes, is amended
11411  to read:
11412         288.705 Statewide contracts register.—All state agencies
11413  shall in a timely manner provide the Florida Small Business
11414  Development Center Procurement System with all formal
11415  solicitations for contractual services, supplies, and
11416  commodities. The Small Business Development Center shall
11417  coordinate with Minority Business Development Centers to compile
11418  and distribute this information to small and minority businesses
11419  requesting such service for the period of time necessary to
11420  familiarize the business with the market represented by state
11421  agencies. On or before February 1 of each year, the Small
11422  Business Development Center shall report to Jobs Florida the
11423  Agency for Workforce Innovation on the use of the statewide
11424  contracts register. The report shall include, but not be limited
11425  to, information relating to:
11426         (1) The total number of solicitations received from state
11427  agencies during the calendar year.
11428         (2) The number of solicitations received from each state
11429  agency during the calendar year.
11430         (3) The method of distributing solicitation information to
11431  businesses requesting such service.
11432         (4) The total number of businesses using the service.
11433         (5) The percentage of businesses using the service which
11434  are owned and controlled by minorities.
11435         (6) The percentage of service-disabled veteran business
11436  enterprises using the service.
11437         Section 167. Subsection (12) of section 288.706, Florida
11438  Statutes, is amended to read:
11439         288.706 Florida Minority Business Loan Mobilization
11440  Program.—
11441         (12) The Department of Management Services shall
11442  collaborate with the Jobs Florida Partnership Florida Black
11443  Business Investment Board, Inc., and Jobs Florida the Office of
11444  Tourism, Trade, and Economic Development to assist in the
11445  development and enhancement of black business enterprises.
11446         Section 168. Subsection (2) of section 288.7094, Florida
11447  Statutes, is amended to read:
11448         288.7094 Black business investment corporations.—
11449         (2) A black business investment corporation that meets the
11450  requirements of s. 288.7102(4) is eligible to participate in the
11451  Black Business Loan Program and shall receive priority
11452  consideration by Jobs Florida the Office of Tourism, Trade, and
11453  Economic Development for participation in the program.
11454         Section 169. Section 288.7102, Florida Statutes, is amended
11455  to read:
11456         288.7102 Black Business Loan Program.—
11457         (1) The Black Business Loan Program is established in Jobs
11458  Florida, which the Office of Tourism, Trade, and Economic
11459  Development. Under the program, the office shall annually
11460  certify eligible recipients and subsequently disburse funds
11461  appropriated by the Legislature, through such eligible
11462  recipients, to black business enterprises that cannot obtain
11463  capital through conventional lending institutions but that could
11464  otherwise compete successfully in the private sector.
11465         (2) Jobs Florida The office shall establish an application
11466  and annual certification process for entities seeking funds to
11467  participate in providing loans, loan guarantees, or investments
11468  in black business enterprises pursuant to the Florida Black
11469  Business Investment Act. Jobs Florida The office shall process
11470  all applications and recertifications submitted by June 1 on or
11471  before July 31.
11472         (3) If the Black Business Loan Program is appropriated any
11473  funding in a fiscal year, Jobs Florida the Office shall
11474  distribute an equal amount of the appropriation, calculated as
11475  the total annual appropriation divided by the total number of
11476  program recipients certified on or before July 31 of that fiscal
11477  year.
11478         (4) To be eligible to receive funds and provide loans, loan
11479  guarantees, or investments under this section, a recipient must:
11480         (a) Be a corporation registered in the state.
11481         (b) For an existing recipient, annually submit to Jobs
11482  Florida the office a financial audit performed by an independent
11483  certified public account for the most recently completed fiscal
11484  year, which audit does not reveal any material weaknesses or
11485  instances of material noncompliance.
11486         (c) For a new recipient:
11487         1. Demonstrate that its board of directors includes
11488  citizens of the state experienced in the development of black
11489  business enterprises.
11490         2. Demonstrate that the recipient has a business plan that
11491  allows the recipient to operate in a manner consistent with the
11492  requirements of the Jobs Florida Partnership, Inc., ss. 288.707
11493  288.714 and the rules of Jobs Florida the office.
11494         3. Demonstrate that the recipient has the technical skills
11495  to analyze and evaluate applications by black business
11496  enterprises for loans, loan guarantees, or investments.
11497         4. Demonstrate that the recipient has established viable
11498  partnerships with public and private funding sources, economic
11499  development agencies, and workforce development and job referral
11500  networks.
11501         5. Demonstrate that the recipient can provide a private
11502  match equal to 20 percent of the amount of funds provided by the
11503  office.
11504         (d) For an existing or new recipient, agree to maintain the
11505  recipient’s books and records relating to funds received by Jobs
11506  Florida the office according to generally accepted accounting
11507  principles and in accordance with the requirements of s.
11508  215.97(7) and to make those books and records available to Jobs
11509  Florida the office for inspection upon reasonable notice.
11510         (5) Each eligible recipient must meet the requirements of
11511  the Jobs Florida Partnership, Inc., provisions of ss. 288.707
11512  288.714, the terms of the contract between the recipient and
11513  Jobs Florida the Office, and any other applicable state or
11514  federal laws. An entity may not receive funds under ss. 288.707
11515  288.714 unless the entity meets annual certification
11516  requirements.
11517         (6) Upon approval by Jobs Florida the Office and before
11518  release of the funds as provided in this section, Jobs Florida
11519  the Office shall issue a letter certifying the applicant as
11520  qualified for an award. Jobs Florida the Office and the
11521  applicant shall enter into an agreement that sets forth the
11522  conditions for award of the funds. The agreement must include
11523  the total amount of funds awarded; the performance conditions
11524  that must be met once the funding has been awarded, including,
11525  but not limited to, compliance with all of the requirements of
11526  this section for eligible recipients of funds under this
11527  section; and sanctions for failure to meet performance
11528  conditions, including any provisions to recover awards.
11529         (7) Jobs Florida The Office, in consultation with the
11530  board, shall adopt rules pursuant to ss. 120.536(1) and 120.54
11531  to implement this section.
11532         (8) A black business investment corporation certified by
11533  Jobs Florida the Office as an eligible recipient under this
11534  section is authorized to use funds appropriated for the Black
11535  Business Loan Program in any of the following forms:
11536         (a) Purchases of stock, preferred or common, voting or
11537  nonvoting; however, no more than 40 percent of the funds may be
11538  used for direct investments in black business enterprises;
11539         (b) Loans or loan guarantees, with or without recourse, in
11540  either a subordinated or priority position; or
11541         (c) Technical support to black business enterprises, not to
11542  exceed 9 percent of the funds received, and direct
11543  administrative costs, not to exceed 12 percent of the funds
11544  received.
11545         (9) It is the intent of the Legislature that if any one
11546  type of investment mechanism authorized in subsection (8) is
11547  held to be invalid, all other valid mechanisms remain available.
11548         (10) All loans, loan guarantees, and investments, and any
11549  income related thereto, shall be used to carry out the public
11550  purpose of ss. 288.707-288.714, which is to develop black
11551  business enterprises. This subsection does not preclude a
11552  reasonable profit for the participating black business
11553  investment corporation or for return of equity developed to the
11554  state and participating financial institutions upon any
11555  distribution of the assets or excess income of the investment
11556  corporation.
11557         Section 170. Section 288.714, Florida Statutes, is amended
11558  to read:
11559         288.714 Quarterly and annual reports.—
11560         (1) Each recipient of state funds under s. 288.7102 shall
11561  provide to Jobs Florida the Office a quarterly report within 15
11562  days after the end of each calendar quarter that includes a
11563  detailed summary of the recipient’s performance of the duties
11564  imposed by s. 288.7102, including, but not limited to:
11565         (a) The dollar amount of all loans or loan guarantees made
11566  to black business enterprises, the percentages of the loans
11567  guaranteed, and the names and identification of the types of
11568  businesses served.
11569         (b) Loan performance information.
11570         (c) The amount and nature of all other financial assistance
11571  provided to black business enterprises.
11572         (d) The amount and nature of technical assistance provided
11573  to black business enterprises, including technical assistance
11574  services provided in areas in which such services are otherwise
11575  unavailable.
11576         (e) A balance sheet for the recipient, including an
11577  explanation of all investments and administrative and
11578  operational expenses.
11579         (f) A summary of all services provided to nonblack business
11580  enterprises, including the dollar value and nature of such
11581  services and the names and identification of the types of
11582  businesses served.
11583         (g) Any other information as required by policies adopted
11584  by Jobs Florida the Office.
11585         (2) Jobs Florida The Office must compile a summary of all
11586  quarterly reports and provide a copy of the summary to the board
11587  within 30 days after the end of each calendar quarter that
11588  includes a detailed summary of the recipient’s performance of
11589  the duties imposed by s. 288.7102.
11590         (3) By August 31 of each year, Jobs Florida the Office
11591  shall provide to the Governor, the President of the Senate, and
11592  the Speaker of the House of Representatives a detailed report of
11593  the performance of the Black Business Loan Program. The report
11594  must include a cumulative summary of quarterly report data
11595  required by subsection (1).
11596         (4) By August 31 of each year, the board shall provide to
11597  the Governor, the President of the Senate, and the Speaker of
11598  the House of Representatives a detailed report of the board’s
11599  performance, including:
11600         (a) A description of the strategies implemented by the
11601  board to increase private investment in black business
11602  enterprises.
11603         (b) A summary of the board’s performance of its duties
11604  under ss. 288.707-288.712.
11605         (c) The most recent 5-year projection of the need for
11606  capital by black business enterprises.
11607         (d) Recommendations for legislative or other changes to
11608  enhance the development and expansion of black business
11609  enterprises in the state.
11610         (e) A projection of the program’s activities during the
11611  next 12 months.
11612         Section 171. Subsection (1) of section 288.773, Florida
11613  Statutes, is amended to read:
11614         288.773 Florida Export Finance Corporation.—The Florida
11615  Export Finance Corporation is hereby created as a corporation
11616  not for profit, to be incorporated under the provisions of
11617  chapter 617 and approved by the Department of State. The
11618  corporation is organized on a nonstock basis. The purpose of the
11619  corporation is to expand employment and income opportunities for
11620  residents of this state through increased exports of goods and
11621  services, by providing businesses domiciled in this state
11622  information and technical assistance on export opportunities,
11623  exporting techniques, and financial assistance through
11624  guarantees and direct loan originations for sale in support of
11625  export transactions. The corporation shall have the power and
11626  authority to carry out the following functions:
11627         (1) To coordinate the efforts of the corporation with
11628  programs and goals of the United States Export-Import Bank, the
11629  International Trade Administration of the United States
11630  Department of Commerce, the Foreign Credit Insurance
11631  Association, the Jobs Florida Partnership Enterprise Florida,
11632  Inc., and its boards, and other private and public programs and
11633  organizations, domestic and foreign, designed to provide export
11634  assistance and export-related financing.
11635         Section 172. Paragraph (b) of subsection (3) of section
11636  288.774, Florida Statutes, is amended to read:
11637         288.774 Powers and limitations.—
11638         (3)
11639         (b) In providing assistance, the board shall be guided by
11640  the statewide economic development plan adopted by Jobs Florida
11641  and the Jobs Florida Partnership, Inc pursuant to s. 288.905.
11642         Section 173. Paragraph (a) of subsection (1) and paragraphs
11643  (a), (c), and (g) of subsection (3) of section 288.776, Florida
11644  Statutes, are amended to read:
11645         288.776 Board of directors; powers and duties.—
11646         (1)(a) The corporation shall have a board of directors
11647  consisting of 15 members representing all geographic areas of
11648  the state. Minority and gender representation must be considered
11649  when making appointments to the board. The board membership must
11650  include:
11651         1. A representative of the following businesses, all of
11652  which must be registered to do business in this state: a foreign
11653  bank, a state bank, a federal bank, an insurance company
11654  involved in covering trade financing risks, and a small or
11655  medium-sized exporter.
11656         2. The following persons or their designee: the President
11657  of the Jobs Florida Partnership Enterprise Florida, Inc., the
11658  Chief Financial Officer, the Secretary of State, and a senior
11659  official of the United States Department of Commerce, and the
11660  chair of the Florida Black Business Investment Board.
11661         (3) The board shall:
11662         (a) Prior to the expenditure of funds from the export
11663  finance account, adopt bylaws, rules, and policies which are
11664  necessary to carry out the responsibilities under this part,
11665  particularly with respect to the implementation of the
11666  corporation’s programs to insure, coinsure, lend, provide loan
11667  guarantees, and make direct, guaranteed, or collateralized loans
11668  by the corporation to support export transactions. The
11669  corporation’s bylaws, rules, and policies shall be reviewed and
11670  approved by the Jobs Florida Partnership Enterprise Florida,
11671  Inc., prior to final adoption by the board.
11672         (c) Issue an annual report to the Jobs Florida Partnership
11673  Enterprise Florida, Inc., on the activities of the corporation,
11674  including an evaluation of activities and recommendations for
11675  change. The evaluation shall include the corporation’s impact on
11676  the following:
11677         1. Participation of private banks and other private
11678  organizations and individuals in the corporation’s export
11679  financing programs.
11680         2. Access of small and medium-sized businesses in this
11681  state to federal export financing programs.
11682         3. Export volume of the small and medium-sized businesses
11683  in this state accessing the corporation’s programs.
11684         4. Other economic and social benefits to international
11685  programs in this state.
11686         (g) Consult with the Jobs Florida Partnership Enterprise
11687  Florida, Inc., and its boards, or any state or federal agency,
11688  to ensure that the respective loan guarantee or working capital
11689  loan origination programs are not duplicative and that each
11690  program makes full use of, to the extent practicable, the
11691  resources of the other.
11692         Section 174. Section 288.7771, Florida Statutes, is amended
11693  to read:
11694         288.7771 Annual report of Florida Export Finance
11695  Corporation.—The corporation shall annually prepare and submit
11696  to Jobs Florida Enterprise Florida, Inc., for inclusion in its
11697  annual report required by s. 288.095 a complete and detailed
11698  report setting forth:
11699         (1) The report required in s. 288.776(3).
11700         (2) Its assets and liabilities at the end of its most
11701  recent fiscal year.
11702         Section 175. Section 288.816, Florida Statutes, is amended
11703  to read:
11704         288.816 Intergovernmental relations.—
11705         (1) Jobs Florida The Office of Tourism, Trade, and Economic
11706  Development shall be responsible for consular operations and the
11707  sister city and sister state program and shall serve as liaison
11708  with foreign, federal, and other state international
11709  organizations and with county and municipal governments in
11710  Florida.
11711         (2) Jobs Florida The Office of Tourism, Trade, and Economic
11712  Development shall be responsible for all consular relations
11713  between the state and all foreign governments doing business in
11714  Florida. Jobs Florida The office shall monitor United States
11715  laws and directives to ensure that all federal treaties
11716  regarding foreign privileges and immunities are properly
11717  observed. Jobs Florida The office shall promulgate rules which
11718  shall:
11719         (a) Establish a viable system of registration for foreign
11720  government officials residing or having jurisdiction in the
11721  state. Emphasis shall be placed on maintaining active
11722  communication between Jobs Florida The Office of Tourism, Trade,
11723  and Economic Development and the United States Department of
11724  State in order to be currently informed regarding foreign
11725  governmental personnel stationed in, or with official
11726  responsibilities for, Florida. Active dialogue shall also be
11727  maintained with foreign countries which historically have had
11728  dealings with Florida in order to keep them informed of the
11729  proper procedure for registering with the state.
11730         (b) Maintain and systematically update a current and
11731  accurate list of all such foreign governmental officials,
11732  consuls, or consulates.
11733         (c) Issue certificates to such foreign governmental
11734  officials after verification pursuant to proper investigations
11735  through United States Department of State sources and the
11736  appropriate foreign government.
11737         (d) Verify entitlement to sales and use tax exemptions
11738  pursuant to United States Department of State guidelines and
11739  identification methods.
11740         (e) Verify entitlement to issuance of special motor vehicle
11741  license plates by the Division of Motor Vehicles of the
11742  Department of Highway Safety and Motor Vehicles to honorary
11743  consuls or such other officials representing foreign governments
11744  who are not entitled to issuance of special Consul Corps license
11745  plates by the United States Government.
11746         (f) Establish a system of communication to provide all
11747  state and local law enforcement agencies with information
11748  regarding proper procedures relating to the arrest or
11749  incarceration of a foreign citizen.
11750         (g) Request the Department of Law Enforcement to provide
11751  transportation and protection services when necessary pursuant
11752  to s. 943.68.
11753         (h) Coordinate, when necessary, special activities between
11754  foreign governments and Florida state and local governments.
11755  These may include Consular Corps Day, Consular Corps
11756  conferences, and various other social, cultural, or educational
11757  activities.
11758         (i) Notify all newly arrived foreign governmental officials
11759  of the services offered by Jobs Florida The Office of Tourism,
11760  Trade, and Economic Development.
11761         (3) Jobs Florida The Office of Tourism, Trade, and Economic
11762  Development shall operate the sister city and sister state
11763  program and establish such new programs as needed to further
11764  global understanding through the interchange of people, ideas,
11765  and culture between Florida and the world. To accomplish this
11766  purpose, Jobs Florida the office shall have the power and
11767  authority to:
11768         (a) Coordinate and carry out activities designed to
11769  encourage the state and its subdivisions to participate in
11770  sister city and sister state affiliations with foreign countries
11771  and their subdivisions. Such activities may include a State of
11772  Florida sister cities conference.
11773         (b) Encourage cooperation with and disseminate information
11774  pertaining to the Sister Cities International Program and any
11775  other program whose object is to promote linkages with foreign
11776  countries and their subdivisions.
11777         (c) Maximize any aid available from all levels of
11778  government, public and private agencies, and other entities to
11779  facilitate such activities.
11780         (d) Establish a viable system of registration for sister
11781  city and sister state affiliations between the state and foreign
11782  countries and their subdivisions. Such system shall include a
11783  method to determine that sufficient ties are properly
11784  established as well as a method to supervise how these ties are
11785  maintained.
11786         (e) Maintain a current and accurate listing of all such
11787  affiliations. Sister city affiliations shall not be discouraged
11788  between the state and any country specified in s. 620(f)(1) of
11789  the federal Foreign Assistance Act of 1961, as amended, with
11790  whom the United States is currently conducting diplomatic
11791  relations unless a mandate from the United States Government
11792  expressly prohibits such affiliations.
11793         (4) Jobs Florida The Office of Tourism, Trade, and Economic
11794  Development shall serve as a contact for the state with the
11795  Florida Washington Office, the Florida Congressional Delegation,
11796  and United States Government agencies with respect to laws or
11797  policies which may affect the interests of the state in the area
11798  of international relations. All inquiries received regarding
11799  international economic trade development or reverse investment
11800  opportunities shall be referred to the Jobs Florida Partnership
11801  Enterprise Florida, Inc. In addition, Jobs Florida the office
11802  shall serve as liaison with other states with respect to
11803  international programs of interest to Florida. Jobs Florida The
11804  office shall also investigate and make suggestions regarding
11805  possible areas of joint action or regional cooperation with
11806  these states.
11807         (5) Jobs Florida The Office of Tourism, Trade, and Economic
11808  Development shall have the power and duty to encourage the
11809  relocation to Florida of consular offices and multilateral and
11810  international agencies and organizations.
11811         (6) Jobs Florida The Office of Tourism, Trade, and Economic
11812  Development, through membership on the board of directors of
11813  Enterprise Florida, Inc., shall help to contribute an
11814  international perspective to the state’s development efforts.
11815         Section 176. Paragraph (a) of subsection (1) and subsection
11816  (2) of section 288.809, Florida Statutes, are amended to read:
11817         288.809 Florida Intergovernmental Relations Foundation; use
11818  of property; board of directors; audit.—
11819         (1) DEFINITIONS.—For the purposes of this section, the
11820  term:
11821         (a) “Florida Intergovernmental Relations Foundation” means
11822  a direct-support organization:
11823         1. Which is a corporation not for profit that is
11824  incorporated under the provisions of chapter 617 and approved by
11825  the Department of State;
11826         2. Which is organized and operated exclusively to solicit,
11827  receive, hold, invest, and administer property and, subject to
11828  the approval of Jobs Florida the Office of Tourism, Trade, and
11829  Economic Development, to make expenditures to or for the
11830  promotion of intergovernmental relations programs; and
11831         3. Which Jobs Florida the Office of Tourism, Trade, and
11832  Economic Development, after review, has certified to be
11833  operating in a manner consistent with the policies and goals of
11834  Jobs Florida the office.
11835         (2) USE OF PROPERTY.—Jobs Florida The Office of Tourism,
11836  Trade, and Economic Development:
11837         (a) Is authorized to permit the use of property,
11838  facilities, and personal services of Jobs Florida the Office of
11839  Tourism, Trade, and Economic Development by the foundation,
11840  subject to the provisions of this section.
11841         (b) Shall prescribe conditions with which the foundation
11842  must comply in order to use property, facilities, or personal
11843  services of the department. Such conditions shall provide for
11844  budget and audit review and for oversight by Jobs Florida the
11845  Office of Tourism, Trade, and Economic Development.
11846         (c) Shall not permit the use of property, facilities, or
11847  personal services of the foundation if the foundation does not
11848  provide equal employment opportunities to all persons,
11849  regardless of race, color, national origin, sex, age, or
11850  religion.
11851         Section 177. Section 288.826, Florida Statutes, is amended
11852  to read:
11853         288.826 Florida International Trade and Promotion Trust
11854  Fund.—There is hereby established in the State Treasury the
11855  Florida International Trade and Promotion Trust Fund. The moneys
11856  deposited into this trust fund shall be administered by Jobs
11857  Florida the Office of Tourism, Trade, and Economic Development
11858  for the operation of the Jobs Florida Partnership Enterprise
11859  Florida, Inc., and its boards and for the operation of Florida
11860  international foreign offices under s. 288.012.
11861         Section 178. Section 288.95155, Florida Statutes, is
11862  amended to read:
11863         288.95155 Florida Small Business Technology Growth
11864  Program.—
11865         (1) The Florida Small Business Technology Growth Program is
11866  hereby established to provide financial assistance to businesses
11867  in this state having high job growth and emerging technology
11868  potential and fewer than 100 employees. The program shall be
11869  administered and managed by the Jobs Florida Partnership
11870  Enterprise Florida, Inc.
11871         (2)(a)The Jobs Florida Partnership Enterprise Florida,
11872  Inc., shall establish a separate small business technology
11873  growth account in the Florida Technology Research Investment
11874  Fund for purposes of this section. Moneys in the account shall
11875  consist of appropriations by the Legislature, proceeds of any
11876  collateral used to secure such assistance, transfers, fees
11877  assessed for providing or processing such financial assistance,
11878  grants, interest earnings, and earnings on financial assistance.
11879         (b) For the 2009-2010 fiscal year only, Enterprise Florida,
11880  Inc., shall advance up to $600,000 from the account to the
11881  Institute for Commercialization of Public Research for its
11882  operations. This paragraph expires July 1, 2010.
11883         (3) Pursuant to s. 216.351, the amount of any moneys
11884  appropriated to the account which are unused at the end of the
11885  fiscal year shall not be subject to reversion under s. 216.301.
11886  All moneys in the account are continuously appropriated to the
11887  account and may be used for loan guarantees, letter of credit
11888  guarantees, cash reserves for loan and letter of credit
11889  guarantees, payments of claims pursuant to contracts for
11890  guarantees, subordinated loans, loans with warrants, royalty
11891  investments, equity investments, and operations of the program.
11892  Any claim against the program shall be paid solely from the
11893  account. Neither the credit nor the taxing power of the state
11894  shall be pledged to secure the account or moneys in the account,
11895  other than from moneys appropriated or assigned to the account,
11896  and the state shall not be liable or obligated in any way for
11897  any claims against the account or against the Jobs Florida
11898  Partnership Enterprise Florida, Inc.
11899         (4) Awards of assistance from the program shall be
11900  finalized subject to the policies and procedures of the Jobs
11901  Florida Partnership Enterprise Florida, Inc. The Jobs Florida
11902  Partnership Enterprise Florida, Inc., shall leverage at least
11903  one dollar of matching investment for each dollar awarded from
11904  the program. The Jobs Florida Partnership Enterprise Florida,
11905  Inc., shall give the highest priority to moderate-risk and high
11906  risk ventures that offer the greatest opportunity for compelling
11907  economic development impact. The Jobs Florida Partnership
11908  Enterprise Florida, Inc., shall establish for each award a risk
11909  reward timetable that profiles the risks of the assistance,
11910  estimates the potential economic development impact, and
11911  establishes a timetable for reviewing the success or failure of
11912  the assistance. By December 31 of each year, the Jobs Florida
11913  Partnership Enterprise Florida, Inc., shall evaluate, on a
11914  portfolio basis, the results of all awards of assistance made
11915  from the program during the year.
11916         (5) The Jobs Florida Partnership Enterprise Florida, Inc.,
11917  shall prepare for inclusion in Job Florida’s and include in its
11918  annual report required by s. 288.095 a report on the financial
11919  status of the program. The report must specify the assets and
11920  liabilities of the program within the current fiscal year and
11921  must include a portfolio update that lists all of the businesses
11922  assisted, the private dollars leveraged by each business
11923  assisted, and the growth in sales and in employment of each
11924  business assisted.
11925         Section 179. Paragraph (e) of subsection (2), paragraph (a)
11926  of subsection (4), subsection (7), paragraph (b) of subsection
11927  (8), subsection (9), paragraph (l) of subsection (10), and
11928  subsection (15) of section 288.955, Florida Statutes, are
11929  amended, and present subsections (16) and (17) of that section
11930  are renumbered as subsections (15) and (16), respectively, to
11931  read:
11932         288.955 Scripps Florida Funding Corporation.—
11933         (2) CREATION.—
11934         (e) Jobs Florida The Office of Tourism, Trade, and Economic
11935  Development shall provide administrative support to the
11936  corporation as requested by the corporation. In the event of the
11937  dissolution of the corporation, Jobs Florida the office shall be
11938  the corporation’s successor in interest and shall assume all
11939  rights, duties, and obligations of the corporation under any
11940  contract to which the corporation is then a party and under law.
11941         (4) BOARD; MEMBERSHIP.—The corporation shall be governed by
11942  a board of directors.
11943         (a) The board of directors shall consist of nine voting
11944  members, of whom the Governor shall appoint three, the President
11945  of the Senate shall appoint three, and the Speaker of the House
11946  of Representatives shall appoint three. The commissioner of Jobs
11947  Florida or the commissioner’s designee director of the Office of
11948  Tourism, Trade, and Economic Development or the director’s
11949  designee shall serve as an ex-officio, nonvoting member of the
11950  board of directors.
11951         (7) INVESTMENT OF FUNDS.—The corporation must enter into an
11952  agreement with the State Board of Administration under which
11953  funds received by the corporation from Jobs Florida the Office
11954  of Tourism, Trade, and Economic Development which are not
11955  disbursed to the grantee shall be invested by the State Board of
11956  Administration on behalf of the corporation. Funds shall be
11957  invested in suitable instruments authorized under s. 215.47 and
11958  specified in investment guidelines established and agreed to by
11959  the State Board of Administration and the corporation.
11960         (8) CONTRACT.—
11961         (b) The contract, at a minimum, must contain provisions:
11962         1. Specifying the procedures and schedules that govern the
11963  disbursement of funds under this section and specifying the
11964  conditions or deliverables that the grantee must satisfy before
11965  the release of each disbursement.
11966         2. Requiring the grantee to submit to the corporation a
11967  business plan in a form and manner prescribed by the
11968  corporation.
11969         3. Prohibiting The Scripps Research Institute or the
11970  grantee from establishing other biomedical science or research
11971  facilities in any state other than this state or California for
11972  a period of 12 years from the commencement of the contract.
11973  Nothing in this subparagraph shall prohibit the grantee from
11974  establishing or engaging in normal collaborative activities with
11975  other organizations.
11976         4. Governing the ownership of or security interests in real
11977  property and personal property, including, but not limited to,
11978  research equipment, obtained through the financial support of
11979  state or local government, including a provision that in the
11980  event of a breach of the contract or in the event the grantee
11981  ceases operations in this state, such property purchased with
11982  state funds shall revert to the state and such property
11983  purchased with local funds shall revert to the local governing
11984  authority.
11985         5. Requiring the grantee to be an equal opportunity
11986  employer.
11987         6. Requiring the grantee to maintain a policy of awarding
11988  preference in employment to residents of this state, as defined
11989  by law, except for professional scientific staff positions
11990  requiring a doctoral degree, postdoctoral training positions,
11991  and graduate student positions.
11992         7. Requiring the grantee to maintain a policy of making
11993  purchases from vendors in this state, to the extent it is cost
11994  effective and scientifically sound.
11995         8. Requiring the grantee to use the Internet-based job
11996  listing system of Jobs Florida the Agency for Workforce
11997  Innovation in advertising employment opportunities.
11998         9. Requiring the grantee to establish accredited science
11999  degree programs.
12000         10. Requiring the grantee to establish internship programs
12001  to create learning opportunities for educators and secondary,
12002  postsecondary, graduate, and doctoral students.
12003         11. Requiring the grantee to submit data to the corporation
12004  on the activities and performance during each fiscal year and to
12005  provide to the corporation an annual accounting of the
12006  expenditure of funds disbursed under this section.
12007         12. Establishing that the corporation shall review the
12008  activities of the grantee to assess the grantee’s financial and
12009  operational compliance with the provisions of the contract and
12010  with relevant provisions of law.
12011         13. Authorizing the grantee, when feasible, to use
12012  information submitted by it to the Federal Government or to
12013  other organizations awarding research grants to the grantee to
12014  help meet reporting requirements imposed under this section or
12015  the contract, if the information satisfies the reporting
12016  standards of this section and the contract.
12017         14. Requiring the grantee during the first 7 years of the
12018  contract to create 545 positions and to acquire associated
12019  research equipment for the grantee’s facility in this state, and
12020  pay for related maintenance of the equipment, in a total amount
12021  of not less than $45 million.
12022         15. Requiring the grantee to progress in the creation of
12023  the total number of jobs prescribed in subparagraph 14. on the
12024  following schedule: At least 38 positions in the 1st year, 168
12025  positions in the 2nd year, 280 positions in the 3rd year, 367
12026  positions in the 4th year, 436 positions in the 5th year, 500
12027  positions in the 6th year, and 545 positions in the 7th year.
12028  The board may allow the grantee to deviate downward from such
12029  employee levels by 25 percent in any year, to allow the grantee
12030  flexibility in achieving the objectives set forth in the
12031  business plan provided to the corporation; however, the grantee
12032  must have no fewer than 545 positions by the end of the 7th
12033  year.
12034         16. Requiring the grantee to allow the corporation to
12035  retain an independent certified public accountant licensed in
12036  this state pursuant to chapter 473 to inspect the records of the
12037  grantee in order to audit the expenditure of funds disbursed to
12038  the grantee. The independent certified public accountant shall
12039  not disclose any confidential or proprietary scientific
12040  information of the grantee.
12041         17. Requiring the grantee to purchase liability insurance
12042  and governing the coverage level of such insurance.
12043         (9) PERFORMANCE EXPECTATIONS.—In addition to the provisions
12044  prescribed in subsection (8), the contract between the
12045  corporation and the grantee shall include a provision that the
12046  grantee, in cooperation with Jobs Florida the Office of Tourism,
12047  Trade, and Economic Development, shall report to the corporation
12048  on performance expectations that reflect the aspirations of the
12049  Governor and the Legislature for the benefits accruing to this
12050  state as a result of the funds appropriated pursuant to this
12051  section. These shall include, but are not limited to,
12052  performance expectations addressing:
12053         (a) The number and dollar value of research grants obtained
12054  from the Federal Government or sources other than this state.
12055         (b) The percentage of total research dollars received by
12056  The Scripps Research Institute from sources other than this
12057  state which is used to conduct research activities by the
12058  grantee in this state.
12059         (c) The number or value of patents obtained by the grantee.
12060         (d) The number or value of licensing agreements executed by
12061  the grantee.
12062         (e) The extent to which research conducted by the grantee
12063  results in commercial applications.
12064         (f) The number of collaborative agreements reached and
12065  maintained with colleges and universities in this state and with
12066  research institutions in this state, including agreements that
12067  foster participation in research opportunities by public and
12068  private colleges and universities and research institutions in
12069  this state with significant minority populations, including
12070  historically black colleges and universities.
12071         (g) The number of collaborative partnerships established
12072  and maintained with businesses in this state.
12073         (h) The total amount of funding received by the grantee
12074  from sources other than the State of Florida.
12075         (i) The number or value of spin-off businesses created in
12076  this state as a result of commercialization of the research of
12077  the grantee.
12078         (j) The number or value of businesses recruited to this
12079  state by the grantee.
12080         (k) The establishment and implementation of policies to
12081  promote supplier diversity using the guidelines developed by the
12082  Office of Supplier Diversity under s. 287.09451 and to comply
12083  with the ordinances, including any small business ordinances,
12084  enacted by the county and which are applicable to the biomedical
12085  research institution and campus located in this state.
12086         (l) The designation by the grantee of a representative to
12087  coordinate with the Office of Supplier Diversity.
12088         (m) The establishment and implementation of a program to
12089  conduct workforce recruitment activities at public and private
12090  colleges and universities and community colleges in this state
12091  which request the participation of the grantee.
12092  
12093  The contract shall require the grantee to provide information to
12094  the corporation on the progress in meeting these performance
12095  expectations on an annual basis. It is the intent of the
12096  Legislature that, in fulfilling its obligation to work with
12097  Florida’s public and private colleges and universities, Scripps
12098  Florida work with such colleges and universities regardless of
12099  size.
12100         (10) DISBURSEMENT CONDITIONS.—In addition to the provisions
12101  prescribed in subsection (8), the contract between the
12102  corporation and the grantee shall include disbursement
12103  conditions that must be satisfied by the grantee as a condition
12104  for the continued disbursement of funds under this section.
12105  These disbursement conditions shall be negotiated between the
12106  corporation and the grantee and shall not be designed to impede
12107  the ability of the grantee to attain full operational status.
12108  The disbursement conditions may be appropriately varied as to
12109  timeframes, numbers, values, and percentages. The disbursement
12110  conditions shall include, but are not limited to, the following
12111  areas:
12112         (l) Beginning June 2004, the grantee shall commence
12113  collaboration efforts with Jobs Florida the Office of Tourism,
12114  Trade, and Economic Development by complying with reasonable
12115  requests for cooperation in economic development efforts in the
12116  biomed/biotech industry. No later than July 2004, the grantee
12117  shall designate a person who shall be charged with assisting in
12118  these collaborative efforts.
12119         (15) PROGRAM EVALUATION.—
12120         (a) Before January 1, 2007, the Office of Program Policy
12121  Analysis and Government Accountability shall conduct a
12122  performance audit of the Office of Tourism, Trade, and Economic
12123  Development and the corporation relating to the provisions of
12124  this section. The audit shall assess the implementation and
12125  outcomes of activities under this section. At a minimum, the
12126  audit shall address:
12127         1. Performance of the Office of Tourism, Trade, and
12128  Economic Development in disbursing funds appropriated under this
12129  section.
12130         2. Performance of the corporation in managing and enforcing
12131  the contract with the grantee.
12132         3. Compliance by the corporation with the provisions of
12133  this section and the provisions of the contract.
12134         4. Economic activity generated through funds disbursed
12135  under the contract.
12136         (b) Before January 1, 2010, the Office of Program Policy
12137  Analysis and Government Accountability shall update the report
12138  required under this subsection. In addition to addressing the
12139  items prescribed in paragraph (a), the updated report shall
12140  include a recommendation on whether the Legislature should
12141  retain the statutory authority for the corporation.
12142  
12143  A report of each audit’s findings and recommendations shall be
12144  submitted to the Governor, the President of the Senate, and the
12145  Speaker of the House of Representatives. In completing the
12146  performance audits required under this subsection, the Office of
12147  Program Policy Analysis and Government Accountability shall
12148  maximize the use of reports submitted by the grantee to the
12149  Federal Government or to other organizations awarding research
12150  grants to the grantee.
12151         Section 180. Subsection (1) and paragraph (a) of subsection
12152  (2) of section 288.9519, Florida Statutes, are amended to read:
12153         288.9519 Not-for-profit corporation.—
12154         (1) It is the intent of the Legislature to promote the
12155  development of the state economy and to authorize the
12156  establishment of a not-for-profit organization that shall
12157  promote the competitiveness and profitability of high-technology
12158  business and industry through technology development projects of
12159  importance to specific manufacturing sectors in this state. This
12160  not-for-profit corporation shall work cooperatively with the
12161  Jobs Florida Partnership Enterprise Florida, Inc., and shall
12162  avoid duplicating the activities, programs, and functions of the
12163  Jobs Florida Partnership Enterprise Florida, Inc.
12164         (2) In addition to all other powers and authority, not
12165  explicitly prohibited by statutes, this not-for-profit
12166  organization has the following powers and duties:
12167         (a) To receive funds appropriated to the organization by
12168  the Legislature. Such funds may not duplicate funds appropriated
12169  to the Jobs Florida Partnership Enterprise Florida, Inc., but
12170  shall serve to further the advancement of the state economy,
12171  jointly and collaboratively with the Jobs Florida Partnership
12172  Enterprise Florida, Inc.
12173         Section 181. Section 288.9520, Florida Statutes, is amended
12174  to read:
12175         288.9520 Public records exemption.—Materials that relate to
12176  methods of manufacture or production, potential trade secrets,
12177  potentially patentable material, actual trade secrets, business
12178  transactions, financial and proprietary information, and
12179  agreements or proposals to receive funding that are received,
12180  generated, ascertained, or discovered by the Jobs Florida
12181  Partnership Enterprise Florida, Inc., including its affiliates
12182  or subsidiaries and partnership participants, such as private
12183  enterprises, educational institutions, and other organizations,
12184  are confidential and exempt from the provisions of s. 119.07(1)
12185  and s. 24(a), Art. I of the State Constitution, except that a
12186  recipient of the Jobs Florida Partnership Enterprise Florida,
12187  Inc., research funds shall make available, upon request, the
12188  title and description of the research project, the name of the
12189  researcher, and the amount and source of funding provided for
12190  the project.
12191         Section 182. Subsection (10) of section 288.9603, Florida
12192  Statutes, is amended to read:
12193         288.9603 Definitions.—
12194         (10) “Partnership” means the Jobs Florida Partnership
12195  Enterprise Florida, Inc.
12196         Section 183. Subsection (2) of section 288.9604, Florida
12197  Statutes, is amended to read:
12198         288.9604 Creation of the authority.—
12199         (2) The Governor, subject to confirmation by the Senate,
12200  shall appoint the board of directors of the corporation, who
12201  shall be five in number. The terms of office for the directors
12202  shall be for 4 years from the date of their appointment. A
12203  vacancy occurring during a term shall be filled for the
12204  unexpired term. A director shall be eligible for reappointment.
12205  At least three of the directors of the corporation shall be
12206  bankers who have been selected by the Governor from a list of
12207  bankers who were nominated by the Jobs Florida Partnership,
12208  Inc., Enterprise Florida, Inc., and one of the directors shall
12209  be an economic development specialist. The chairperson of the
12210  Florida Black Business Investment Board shall be an ex officio
12211  member of the board of the corporation.
12212         Section 184. Paragraph (v) of subsection (2) of section
12213  288.9605, Florida Statutes, is amended to read:
12214         288.9605 Corporation powers.—
12215         (2) The corporation is authorized and empowered to:
12216         (v) Enter into investment agreements with the Jobs Florida
12217  Partnership, Inc., Florida Black Business Investment Board
12218  concerning the issuance of bonds and other forms of indebtedness
12219  and capital for the purposes of ss. 288.707-288.714.
12220         Section 185. Subsection (1) of section 288.9606, Florida
12221  Statutes, is amended to read:
12222         288.9606 Issue of revenue bonds.—
12223         (1) When authorized by a public agency pursuant to s.
12224  163.01(7), the corporation has power in its corporate capacity,
12225  in its discretion, to issue revenue bonds or other evidences of
12226  indebtedness which a public agency has the power to issue, from
12227  time to time to finance the undertaking of any purpose of this
12228  act and ss. 288.707-288.714, including, without limiting the
12229  generality thereof, the payment of principal and interest upon
12230  any advances for surveys and plans or preliminary loans, and has
12231  the power to issue refunding bonds for the payment or retirement
12232  of bonds previously issued. Bonds issued pursuant to this
12233  section shall bear the name “Florida Development Finance
12234  Corporation Revenue Bonds.” The security for such bonds may be
12235  based upon such revenues as are legally available. In
12236  anticipation of the sale of such revenue bonds, the corporation
12237  may issue bond anticipation notes and may renew such notes from
12238  time to time, but the maximum maturity of any such note,
12239  including renewals thereof, may not exceed 5 years from the date
12240  of issuance of the original note. Such notes shall be paid from
12241  any revenues of the corporation available therefor and not
12242  otherwise pledged or from the proceeds of sale of the revenue
12243  bonds in anticipation of which they were issued. Any bond, note,
12244  or other form of indebtedness issued pursuant to this act shall
12245  mature no later than the end of the 30th fiscal year after the
12246  fiscal year in which the bond, note, or other form of
12247  indebtedness was issued.
12248         Section 186. Section 288.9614, Florida Statutes, is amended
12249  to read:
12250         288.9614 Authorized programs.—The Jobs Florida Partnership
12251  Enterprise Florida, Inc., may take any action that it deems
12252  necessary to achieve the purposes of this act in partnership
12253  with private enterprises, public agencies, and other
12254  organizations, including, but not limited to, efforts to address
12255  the long-term debt needs of small-sized and medium-sized firms,
12256  to address the needs of microenterprises, to expand availability
12257  of venture capital, and to increase international trade and
12258  export finance opportunities for firms critical to achieving the
12259  purposes of this act.
12260         Section 187. Subsection (1) of section 288.9624, Florida
12261  Statutes, are amended to read:
12262         288.9624 Florida Opportunity Fund; creation; duties.—
12263         (1)(a) The Jobs Florida Partnership Enterprise Florida,
12264  Inc., shall facilitate the creation of the Florida Opportunity
12265  Fund, a private, not-for-profit corporation organized and
12266  operated under chapter 617. The Jobs Florida Partnership
12267  Enterprise Florida, Inc., shall be the fund’s sole shareholder
12268  or member. The fund is not a public corporation or
12269  instrumentality of the state. The fund shall manage its business
12270  affairs and conduct business consistent with its organizational
12271  documents and the purposes set forth in this section.
12272  Notwithstanding the powers granted under chapter 617, the
12273  corporation may not amend, modify, or repeal a bylaw or article
12274  of incorporation without the express written consent of the Jobs
12275  Florida Partnership Enterprise Florida, Inc.
12276         (b) The board of directors for the fund shall be a five
12277  member board appointed by vote of the board of directors of the
12278  Jobs Florida Partnership, Inc., and board members shall serve
12279  terms as provided in the fund’s organizational documents. The
12280  vice chair of Enterprise Florida, Inc., shall select from among
12281  its sitting board of directors a five-person appointment
12282  committee. The appointment committee shall select five initial
12283  members of a board of directors for the fund.
12284         (c) The persons appointed elected to the initial board of
12285  directors by the appointment committee shall include persons who
12286  have expertise in the area of the selection and supervision of
12287  early stage investment managers or in the fiduciary management
12288  of investment funds and other areas of expertise as considered
12289  appropriate by the appointment committee.
12290         (d) After election of the initial board of directors,
12291  vacancies on the board shall be filled by vote of the board of
12292  directors of Enterprise Florida, Inc., and board members shall
12293  serve terms as provided in the fund’s organizational documents.
12294         (d)(e) Members of the board are subject to any restrictions
12295  on conflicts of interest specified in the organizational
12296  documents and may not have an interest in any venture capital
12297  investment selected by the fund under ss. 288.9621-288.9624.
12298         (e)(f) Members of the board shall serve without
12299  compensation, but members, the president of the board, and other
12300  board employees may be reimbursed for all reasonable, necessary,
12301  and actual expenses as determined and approved by the board
12302  pursuant to s. 112.061.
12303         (f)(g) The fund shall have all powers granted under its
12304  organizational documents and shall indemnify members to the
12305  broadest extent permissible under the laws of this state.
12306         Section 188. Subsections (3), (4), (5), and (6) of section
12307  288.9625, Florida Statutes, are amended to read:
12308         288.9625 Institute for the Commercialization of Public
12309  Research.—There is established at a public university or
12310  research center in this state the Institute for the
12311  Commercialization of Public Research.
12312         (3) The articles of incorporation of the institute must be
12313  approved in a written agreement with Jobs Florida Enterprise
12314  Florida, Inc. The agreement and the articles of incorporation
12315  shall:
12316         (a) Provide that the institute shall provide equal
12317  employment opportunities for all persons regardless of race,
12318  color, religion, gender, national origin, age, handicap, or
12319  marital status;
12320         (b) Provide that the institute is subject to the public
12321  records and meeting requirements of s. 24, Art. I of the State
12322  Constitution;
12323         (c) Provide that all officers, directors, and employees of
12324  the institute shall be governed by the code of ethics for public
12325  officers and employees as set forth in part III of chapter 112;
12326         (d) Provide that members of the board of directors of the
12327  institute are responsible for the prudent use of all public and
12328  private funds and that they will ensure that the use of funds is
12329  in accordance with all applicable laws, bylaws, and contractual
12330  requirements; and
12331         (e) Provide that the fiscal year of the institute is from
12332  July 1 to June 30.
12333         (4) The affairs of the institute shall be managed by a
12334  board of directors who shall serve without compensation. Each
12335  director shall have only one vote. The chair of the board of
12336  directors shall be selected by a majority vote of the directors,
12337  a quorum being present. The board of directors shall consist of
12338  the following five members:
12339         (a) The commissioner of Jobs Florida chair of Enterprise
12340  Florida, Inc., or the commissioner’s chair’s designee.
12341         (b) The president of the university where the institute is
12342  located or the president’s designee unless multiple universities
12343  jointly sponsor the institute, in which case the presidents of
12344  the sponsoring universities shall agree upon a designee.
12345         (c) Three directors appointed by the Governor to 3-year
12346  staggered terms, to which the directors may be reappointed.
12347         (5) The board of directors shall provide a copy of the
12348  institute’s annual report to the Governor, the President of the
12349  Senate, the Speaker of the House of Representatives, Enterprise
12350  Florida, Inc., and the president of the university at which the
12351  institute is located.
12352         (6) Jobs Florida Enterprise Florida, Inc., the president
12353  and the board of trustees of the university where the institute
12354  is located, the Auditor General, and the Office of Program
12355  Policy Analysis and Government Accountability may require and
12356  receive from the institute or its independent auditor any detail
12357  or supplemental data relative to the operation of the institute.
12358         Section 189. Subsections (3), (8), and (9) of section
12359  288.975, Florida Statutes, are amended to read:
12360         288.975 Military base reuse plans.—
12361         (3) No later than 6 months after the designation of a
12362  military base for closure by the Federal Government, each host
12363  local government shall notify the Jobs Florida secretary of the
12364  Department of Community Affairs and the director of the Office
12365  of Tourism, Trade, and Economic Development in writing, by hand
12366  delivery or return receipt requested, as to whether it intends
12367  to use the optional provisions provided in this act. If a host
12368  local government does not opt to use the provisions of this act,
12369  land use planning and regulation pertaining to base reuse
12370  activities within those host local governments shall be subject
12371  to all applicable statutory requirements, including those
12372  contained within chapters 163 and 380.
12373         (8) At the request of a host local government, Jobs Florida
12374  The Office of Tourism, Trade, and Economic Development shall
12375  coordinate a presubmission workshop concerning a military base
12376  reuse plan within the boundaries of the host jurisdiction.
12377  Agencies that shall participate in the workshop shall include
12378  any affected local governments; the Department of Environmental
12379  Protection; Jobs Florida the Office of Tourism, Trade, and
12380  Economic Development; the Department of Community Affairs; the
12381  Department of Transportation; the Department of Health; the
12382  Department of Children and Family Services; the Department of
12383  Juvenile Justice; the Department of Agriculture and Consumer
12384  Services; the Department of State; the Fish and Wildlife
12385  Conservation Commission; and any applicable water management
12386  districts and regional planning councils. The purposes of the
12387  workshop shall be to assist the host local government to
12388  understand issues of concern to the above listed entities
12389  pertaining to the military base site and to identify
12390  opportunities for better coordination of planning and review
12391  efforts with the information and analyses generated by the
12392  federal environmental impact statement process and the federal
12393  community base reuse planning process.
12394         (9) If a host local government elects to use the optional
12395  provisions of this act, it shall, no later than 12 months after
12396  notifying the agencies of its intent pursuant to subsection (3)
12397  either:
12398         (a) Send a copy of the proposed military base reuse plan
12399  for review to any affected local governments; the Department of
12400  Environmental Protection; Jobs Florida the Office of Tourism,
12401  Trade, and Economic Development; the Department of Community
12402  Affairs; the Department of Transportation; the Department of
12403  Health; the Department of Children and Family Services; the
12404  Department of Juvenile Justice; the Department of Agriculture
12405  and Consumer Services; the Department of State; the Fish and
12406  Wildlife Conservation Commission; and any applicable water
12407  management districts and regional planning councils, or
12408         (b) Petition Jobs Florida the secretary of the Department
12409  of Community Affairs for an extension of the deadline for
12410  submitting a proposed reuse plan. Such an extension request must
12411  be justified by changes or delays in the closure process by the
12412  federal Department of Defense or for reasons otherwise deemed to
12413  promote the orderly and beneficial planning of the subject
12414  military base reuse. Jobs Florida The secretary of the
12415  Department of Community Affairs may grant extensions to the
12416  required submission date of the reuse plan.
12417         Section 190. Paragraph (b) of subsection (1), paragraphs
12418  (a) and (c) of subsection (2) and subsections (3), (4), (5),
12419  (6), (7), and (9) of section 288.980, Florida Statutes, are
12420  amended to read:
12421         288.980 Military base retention; legislative intent; grants
12422  program.—
12423         (1)
12424         (b) The Florida Defense Alliance, an organization within
12425  the Jobs Florida Partnership, Inc., Enterprise Florida, is
12426  designated as the organization to ensure that Florida, its
12427  resident military bases and missions, and its military host
12428  communities are in competitive positions as the United States
12429  continues its defense realignment and downsizing. The defense
12430  alliance shall serve as an overall advisory body for Enterprise
12431  Florida defense-related activity of the Jobs Florida
12432  Partnership, Inc. The Florida Defense Alliance may receive
12433  funding from appropriations made for that purpose administered
12434  by Jobs Florida the Office of Tourism, Trade, and Economic
12435  Development.
12436         (2)(a) Jobs Florida The Office of Tourism, Trade, and
12437  Economic Development is authorized to award grants from any
12438  funds available to it to support activities related to the
12439  retention of military installations potentially affected by
12440  federal base closure or realignment.
12441         (c) Except for grants issued pursuant to the Florida
12442  Military Installation Reuse Planning and Marketing Grant Program
12443  as described in paragraph (3)(c), the amount of any grant
12444  provided to an applicant may not exceed $250,000. Jobs Florida
12445  The Office of Tourism, Trade, and Economic Development shall
12446  require that an applicant:
12447         1. Represent a local government with a military
12448  installation or military installations that could be adversely
12449  affected by federal base realignment or closure.
12450         2. Agree to match at least 30 percent of any grant awarded.
12451         3. Prepare a coordinated program or plan of action
12452  delineating how the eligible project will be administered and
12453  accomplished.
12454         4. Provide documentation describing the potential for
12455  realignment or closure of a military installation located in the
12456  applicant’s community and the adverse impacts such realignment
12457  or closure will have on the applicant’s community.
12458         (3) The Florida Economic Reinvestment Initiative is
12459  established to respond to the need for this state and defense
12460  dependent communities in this state to develop alternative
12461  economic diversification strategies to lessen reliance on
12462  national defense dollars in the wake of base closures and
12463  reduced federal defense expenditures and the need to formulate
12464  specific base reuse plans and identify any specific
12465  infrastructure needed to facilitate reuse. The initiative shall
12466  consist of the following two three distinct grant programs to be
12467  administered by Jobs Florida the Office of Tourism, Trade, and
12468  Economic Development:
12469         (a) The Florida Defense Planning Grant Program, through
12470  which funds shall be used to analyze the extent to which the
12471  state is dependent on defense dollars and defense infrastructure
12472  and prepare alternative economic development strategies. The
12473  state shall work in conjunction with defense-dependent
12474  communities in developing strategies and approaches that will
12475  help communities make the transition from a defense economy to a
12476  nondefense economy. Grant awards may not exceed $250,000 per
12477  applicant and shall be available on a competitive basis.
12478         (b) The Florida Defense Implementation Grant Program,
12479  through which funds shall be made available to defense-dependent
12480  communities to implement the diversification strategies
12481  developed pursuant to paragraph (a). Eligible applicants include
12482  defense-dependent counties and cities, and local economic
12483  development councils located within such communities. Grant
12484  awards may not exceed $100,000 per applicant and shall be
12485  available on a competitive basis. Awards shall be matched on a
12486  one-to-one basis.
12487  
12488  Applications for grants under this subsection must include a
12489  coordinated program of work or plan of action delineating how
12490  the eligible project will be administered and accomplished,
12491  which must include a plan for ensuring close cooperation between
12492  civilian and military authorities in the conduct of the funded
12493  activities and a plan for public involvement.
12494         (4) The Defense Infrastructure Grant Program is created.
12495  Jobs Florida The director of the Office of Tourism, Trade, and
12496  Economic Development shall coordinate and implement this
12497  program, the purpose of which is to support local infrastructure
12498  projects deemed to have a positive impact on the military value
12499  of installations within the state. Funds are to be used for
12500  projects that benefit both the local community and the military
12501  installation. It is not the intent, however, to fund on-base
12502  military construction projects. Infrastructure projects to be
12503  funded under this program include, but are not limited to, those
12504  related to encroachment, transportation and access, utilities,
12505  communications, housing, environment, and security. Grant
12506  requests will be accepted only from economic development
12507  applicants serving in the official capacity of a governing board
12508  of a county, municipality, special district, or state agency
12509  that will have the authority to maintain the project upon
12510  completion. An applicant must represent a community or county in
12511  which a military installation is located. There is no limit as
12512  to the amount of any grant awarded to an applicant. A match by
12513  the county or local community may be required. Jobs Florida The
12514  Office of Tourism, Trade, and Economic Development shall
12515  establish guidelines to implement the purpose of this
12516  subsection.
12517         (5)(a) The Defense-Related Business Adjustment Program is
12518  hereby created. Jobs Florida The Director of the Office of
12519  Tourism, Trade, and Economic Development shall coordinate the
12520  development of the Defense-Related Business Adjustment Program.
12521  Funds shall be available to assist defense-related companies in
12522  the creation of increased commercial technology development
12523  through investments in technology. Such technology must have a
12524  direct impact on critical state needs for the purpose of
12525  generating investment-grade technologies and encouraging the
12526  partnership of the private sector and government defense-related
12527  business adjustment. The following areas shall receive
12528  precedence in consideration for funding commercial technology
12529  development: law enforcement or corrections, environmental
12530  protection, transportation, education, and health care. Travel
12531  and costs incidental thereto, and staff salaries, are not
12532  considered an “activity” for which grant funds may be awarded.
12533         (b) Jobs Florida The Office shall require that an
12534  applicant:
12535         1. Be a defense-related business that could be adversely
12536  affected by federal base realignment or closure or reduced
12537  defense expenditures.
12538         2. Agree to match at least 50 percent of any funds awarded
12539  by the department in cash or in-kind services. Such match shall
12540  be directly related to activities for which the funds are being
12541  sought.
12542         3. Prepare a coordinated program or plan delineating how
12543  the funds will be administered.
12544         4. Provide documentation describing how defense-related
12545  realignment or closure will adversely impact defense-related
12546  companies.
12547         (6) The Retention of Military Installations Program is
12548  created. Jobs Florida The Director of the Office of Tourism,
12549  Trade, and Economic Development shall coordinate and implement
12550  this program. The sum of $1.2 million is appropriated from the
12551  General Revenue Fund for fiscal year 1999-2000 to the Office of
12552  Tourism, Trade, and Economic Development to implement this
12553  program for military installations located in counties with a
12554  population greater than 824,000. The funds shall be used to
12555  assist military installations potentially affected by federal
12556  base closure or realignment in covering current operating costs
12557  in an effort to retain the installation in this state. An
12558  eligible military installation for this program shall include a
12559  provider of simulation solutions for war-fighting
12560  experimentation, testing, and training which employs at least
12561  500 civilian and military employees and has been operating in
12562  the state for a period of more than 10 years.
12563         (7) Jobs Florida The director may award nonfederal matching
12564  funds specifically appropriated for construction, maintenance,
12565  and analysis of a Florida defense workforce database. Such funds
12566  will be used to create a registry of worker skills that can be
12567  used to match the worker needs of companies that are relocating
12568  to this state or to assist workers in relocating to other areas
12569  within this state where similar or related employment is
12570  available.
12571         (9) Jobs Florida The Office of Tourism, Trade, and Economic
12572  Development shall establish guidelines to implement and carry
12573  out the purpose and intent of this section.
12574         Section 191. Paragraphs (a), (e), and (f) of subsection (2)
12575  of section 288.984, Florida Statutes, are amended to read:
12576         288.984 Florida Council on Military Base and Mission
12577  Support.—The Florida Council on Military Base and Mission
12578  Support is established. The council shall provide oversight and
12579  direction for initiatives, claims, and actions taken on behalf
12580  of the state, its agencies, and political subdivisions under
12581  this part.
12582         (2) MEMBERSHIP.—
12583         (a) The council shall be composed of nine members. The
12584  President of the Senate, the Speaker of the House of
12585  Representatives, and the Governor shall each appoint three
12586  members as follows:
12587         1. The President of the Senate shall appoint one member of
12588  the Senate, one community representative from a community-based
12589  defense support organization, and one member who is a retired
12590  military general or flag-rank officer residing in this state or
12591  an executive officer of a defense contracting firm doing
12592  significant business in this state.
12593         2. The Speaker of the House of Representatives shall
12594  appoint one member of the House of Representatives, one
12595  community representative from a community-based defense support
12596  organization, and one member who is a retired military general
12597  or flag-rank officer residing in this state or an executive
12598  officer of a defense contracting firm doing significant business
12599  in this state.
12600         3. The Governor shall appoint the commissioner of Jobs
12601  Florida or the commissioner’s designee, a board member of the
12602  Jobs Florida Partnership, Inc., director or designee of the
12603  Office of Tourism, Trade, and Economic Development, the vice
12604  chairperson or designee of Enterprise Florida, Inc., and one at
12605  large member.
12606         (e) Jobs Florida The Office of Tourism, Trade, and Economic
12607  Development shall provide administrative support to the council.
12608         (f) The Secretary of Community Affairs or his or her
12609  designee, the Secretary of Environmental Protection or his or
12610  her designee, the Secretary of Transportation or his or her
12611  designee, the Adjutant General of the state or his or her
12612  designee, and the executive director of the Department of
12613  Veterans’ Affairs or his or her designee shall attend meetings
12614  held by the council and provide assistance, information, and
12615  support as requested by the council.
12616         Section 192. Subsection (5) and paragraph (b) of subsection
12617  (8) of section 288.9913, Florida Statutes, are amended, and
12618  present subsections (6) through (10) of that section are
12619  renumbered as subsections (5) through (9), respectively, to
12620  read:
12621         288.9913 Definitions.—As used in ss. 288.991-288.9922, the
12622  term:
12623         (5) “Officemeans the Office of Tourism, Trade, and
12624  Economic Development.
12625         (7)(8) “Qualified community development entity” means an
12626  entity that:
12627         (b) Is the Jobs Florida Partnership Enterprise Florida,
12628  Inc., or an entity created by the Jobs Florida Partnership
12629  Enterprise Florida, Inc.
12630         Section 193. Subsections (1), (2), and (3), paragraphs (a)
12631  and (b) of subsection (4), and subsection (6) of section
12632  288.9914, Florida Statutes, are amended to read:
12633         288.9914 Certification of qualified investments; investment
12634  issuance reporting.—
12635         (1) ELIGIBLE INDUSTRIES.—
12636         (a) Jobs Florida The office, in consultation with the Jobs
12637  Florida Partnership, Inc., Enterprise Florida, Inc., shall
12638  designate industries using the North American Industry
12639  Classification System which are eligible to receive low-income
12640  community investments. The designated industries must be those
12641  industries that have the greatest potential to create strong
12642  positive impacts on or benefits to the state, regional, and
12643  local economies.
12644         (b) A qualified community development entity may not make a
12645  qualified low-income community investment in a business unless
12646  the principal activities of the business are within an eligible
12647  industry. Jobs Florida the office may waive this limitation if
12648  Jobs Florida the office determines that the investment will have
12649  a positive impact on a community.
12650         (2) APPLICATION.—A qualified community development entity
12651  must submit an application to Jobs Florida the Office to approve
12652  a proposed investment as a qualified investment. The application
12653  must include:
12654         (a) The name, address, and tax identification number of the
12655  qualified community development entity.
12656         (b) Proof of certification as a qualified community
12657  development entity under 26 U.S.C. s. 45D.
12658         (c) A copy of an allocation agreement executed by the
12659  entity, or its controlling entity, and the Community Development
12660  Financial Institutions Fund, which authorizes the entity to
12661  serve businesses in this state.
12662         (d) A verified statement by the chief executive officer of
12663  the entity that the allocation agreement remains in effect.
12664         (e) A description of the proposed amount, structure, and
12665  purchaser of an equity investment or long-term debt security.
12666         (f) The name and tax identification number of any person
12667  authorized to claim a tax credit earned as a result of the
12668  purchase of the proposed qualified investment.
12669         (g) A detailed explanation of the proposed use of the
12670  proceeds from a proposed qualified investment.
12671         (h) A nonrefundable application fee of $1,000, payable to
12672  Jobs Florida the office.
12673         (i) A statement that the entity will invest only in the
12674  industries designated by Jobs Florida the office.
12675         (j) The entity’s plans for the development of relationships
12676  with community-based organizations, local community development
12677  offices and organizations, and economic development
12678  organizations. The entity must also explain steps it has taken
12679  to implement its plans to develop these relationships.
12680         (k) A statement that the entity will not invest in a
12681  qualified active low-income community business unless the
12682  business will create or retain jobs that pay an average wage of
12683  at least 115 percent of the federal poverty income guidelines
12684  for a family of four.
12685         (3) REVIEW.—
12686         (a) Jobs Florida The office shall review applications to
12687  approve an investment as a qualified investment in the order
12688  received. Jobs Florida The office shall approve or deny an
12689  application within 30 days after receipt.
12690         (b) If Jobs Florida the office intends to deny the
12691  application, Jobs Florida the office shall inform the applicant
12692  of the basis of the proposed denial. The applicant shall have 15
12693  days after it receives the notice of the intent to deny the
12694  application to submit a revised application to Jobs Florida the
12695  office. Jobs Florida the office shall issue a final order
12696  approving or denying the revised application within 30 days
12697  after receipt.
12698         (c) Jobs Florida The office may not approve a cumulative
12699  amount of qualified investments that may result in the claim of
12700  more than $97.5 million in tax credits during the existence of
12701  the program or more than $20 million in tax credits in a single
12702  state fiscal year. However, the potential for a taxpayer to
12703  carry forward an unused tax credit may not be considered in
12704  calculating the annual limit.
12705         (4) APPROVAL.—
12706         (a) Jobs Florida The office shall provide a copy of the
12707  final order approving an investment as a qualified investment to
12708  the qualified community development entity and to the
12709  department. The notice shall include the identity of the
12710  taxpayers who are eligible to claim the tax credits and the
12711  amount that may be claimed by each taxpayer.
12712         (b) Jobs Florida The office shall approve an application
12713  for part of the amount of the proposed investment if the amount
12714  of tax credits available is insufficient.
12715         (6) REPORT OF ISSUANCE OF A QUALIFIED INVESTMENT.—The
12716  qualified community development entity must provide Jobs Florida
12717  the office with evidence of the receipt of the cash in exchange
12718  for the qualified investment within 30 business days after
12719  receipt.
12720         Section 194. Subsection (2) of section 288.9916, Florida
12721  Statutes, is amended to read:
12722         288.9916 New markets tax credit.—
12723         (2) A tax credit earned under this section may not be sold
12724  or transferred, except as provided in this subsection.
12725         (a) A partner, member, or shareholder of a partnership,
12726  limited liability company, S-corporation, or other “pass
12727  through” entity may claim the tax credit pursuant to an
12728  agreement among the partners, members, or shareholders. Any
12729  change in the allocation of a tax credit under the agreement
12730  must be reported to Jobs Florida the office and to the
12731  department.
12732         (b) Eligibility to claim a tax credit transfers to
12733  subsequent purchasers of a qualified investment. Such transfers
12734  must be reported to Jobs Florida the office and to the
12735  department along with the identity, tax identification number,
12736  and tax credit amount allocated to a taxpayer pursuant to
12737  paragraph (a). The notice of transfer also must state whether
12738  unused tax credits are being transferred and the amount of
12739  unused tax credits being transferred.
12740         Section 195. Section 288.9917, Florida Statutes, is amended
12741  to read:
12742         288.9917 Community development entity reporting after a
12743  credit allowance date; certification of tax credit amount.—
12744         (1) A qualified community development entity that has
12745  issued a qualified investment shall submit the following to Jobs
12746  Florida the office within 30 days after each credit allowance
12747  date:
12748         (a) A list of all qualified active low-income community
12749  businesses in which a qualified low-income community investment
12750  was made since the last credit allowance date. The list shall
12751  also describe the type and amount of investment in each business
12752  and the address of the principal location of each business. The
12753  list must be verified by the chief executive officer of the
12754  community development entity.
12755         (b) Bank records, wire transfer records, or similar
12756  documents that provide evidence of the qualified low-income
12757  community investments made since the last credit allowance date.
12758         (c) A verified statement by the chief financial or
12759  accounting officer of the community development entity that no
12760  redemption or principal repayment was made with respect to the
12761  qualified investment since the previous credit allowance date.
12762         (d) Information relating to the recapture of the federal
12763  new markets tax credit since the last credit allowance date.
12764         (2) Jobs Florida The office shall certify in writing to the
12765  qualified community development entity and to the department the
12766  amount of the tax credit authorized for each taxpayer eligible
12767  to claim the tax credit in the tax year containing the last
12768  credit allowance date.
12769         Section 196. Section 288.9918, Florida Statutes, is amended
12770  to read:
12771         288.9918 Annual reporting by a community development
12772  entity.—A community development entity that has issued a
12773  qualified investment shall submit an annual report to Jobs
12774  Florida the office by April 30 after the end of each year which
12775  includes a credit allowance date. The report shall include:
12776         (1) The entity’s annual financial statements for the
12777  preceding tax year, audited by an independent certified public
12778  accountant.
12779         (2) The identity of the types of industries, identified by
12780  the North American Industry Classification System Code, in which
12781  qualified low-income community investments were made.
12782         (3) The names of the counties in which the qualified active
12783  low-income businesses are located which received qualified low
12784  income community investments.
12785         (4) The number of jobs created and retained by qualified
12786  active low-income community businesses receiving qualified low
12787  income community investments, including verification that the
12788  average wages paid meet or exceed 115 percent of the federal
12789  poverty income guidelines for a family of four.
12790         (5) A description of the relationships that the entity has
12791  established with community-based organizations and local
12792  community development offices and organizations and a summary of
12793  the outcomes resulting from those relationships.
12794         (6) Other information and documentation required by Jobs
12795  Florida the office to verify continued certification as a
12796  qualified community development entity under 26 U.S.C. s. 45D.
12797         Section 197. Section 288.9919, Florida Statutes, is amended
12798  to read:
12799         288.9919 Audits and examinations; penalties.—
12800         (1) AUDITS.—A community development entity that issues an
12801  investment approved by Jobs Florida the office as a qualified
12802  investment shall be deemed a recipient of state financial
12803  assistance under s. 215.97, the Florida Single Audit Act.
12804  However, an entity that makes a qualified investment or receives
12805  a qualified low-income community investment is not a
12806  subrecipient for the purposes of s. 215.97.
12807         (2) EXAMINATIONS.—Jobs Florida the office may conduct
12808  examinations to verify compliance with the New Markets
12809  Development Program Act.
12810         Section 198. Section 288.9920, Florida Statutes, is amended
12811  to read:
12812         288.9920 Recapture and penalties.—
12813         (1) Notwithstanding s. 95.091, Jobs Florida the office
12814  shall direct the department, at any time before December 31,
12815  2022, to recapture all or a portion of a tax credit authorized
12816  pursuant to the New Markets Development Program Act if one or
12817  more of the following occur:
12818         (a) The Federal Government recaptures any portion of the
12819  federal new markets tax credit. The recapture by the department
12820  shall equal the recapture by the Federal Government.
12821         (b) The qualified community development entity redeems or
12822  makes a principal repayment on a qualified investment before the
12823  final allowance date. The recapture by the department shall
12824  equal the redemption or principal repayment divided by the
12825  purchase price and multiplied by the tax credit authorized to a
12826  taxpayer for the qualified investment.
12827         (c)1. The qualified community development entity fails to
12828  invest at least 85 percent of the purchase price in qualified
12829  low-income community investments within 12 months after the
12830  issuance of a qualified investment; or
12831         2. The qualified community development entity fails to
12832  maintain 85 percent of the purchase price in qualified low
12833  income community investments until the last credit allowance
12834  date for a qualified investment.
12835  
12836  For the purposes of this paragraph, an investment by a qualified
12837  community development entity includes principal recovered from
12838  an investment for 12 months after its recovery or principal
12839  recovered after the sixth credit allowance date. Principal held
12840  for longer than 12 months or recovered before the sixth credit
12841  allowance date is not an investment unless it is reinvested in a
12842  qualified low-income community investment.
12843         (d) The qualified community development entity fails to
12844  provide Jobs Florida the office with information, reports, or
12845  documentation required by the New Markets Development Program
12846  Act.
12847         (e) Jobs Florida The office determines that a taxpayer
12848  received tax credits to which the taxpayer was not entitled.
12849         (2) Jobs Florida The office shall provide notice to the
12850  qualified community development entity and the department of a
12851  proposed recapture of a tax credit. The entity shall have 6
12852  months following the receipt of the notice to cure a deficiency
12853  identified in the notice and avoid recapture. Jobs Florida the
12854  office shall issue a final order of recapture if the entity
12855  fails to cure a deficiency within the 6-month period. The final
12856  order of recapture shall be provided to the entity, the
12857  department, and a taxpayer otherwise authorized to claim the tax
12858  credit. Only one correction is permitted for each qualified
12859  equity investment during the 7-year credit period. Recaptured
12860  funds shall be deposited into the General Revenue Fund.
12861         (3) An entity that submits fraudulent information to Jobs
12862  Florida the office is liable for the costs associated with the
12863  investigation and prosecution of the fraudulent claim plus a
12864  penalty in an amount equal to double the tax credits claimed by
12865  investors in the entity’s qualified investments. This penalty is
12866  in addition to any other penalty that may be imposed by law.
12867         Section 199. Section 288.9921, Florida Statutes, is amended
12868  to read:
12869         288.9921 Rulemaking.—Jobs Florida the Office and the
12870  Department of Revenue may adopt rules pursuant to ss. 120.536(1)
12871  and 120.54 to administer ss. 288.991-288.9920.
12872         Section 200. Subsection (5) of section 290.004, Florida
12873  Statutes, is amended, and present subsections (6) and (7) of
12874  that subsection are renumbered as subsections (5) and (6),
12875  respectively, to read:
12876         290.004 Definitions relating to Florida Enterprise Zone
12877  Act.—As used in ss. 290.001-290.016:
12878         (5) “Office” means The Office of Tourism, Trade, and
12879  Economic Development.
12880         Section 201. Subsection (1) and paragraphs (a) and (b) of
12881  subsection (6) of section 290.0055, Florida Statutes, are
12882  amended to read:
12883         290.0055 Local nominating procedure.—
12884         (1) If, pursuant to s. 290.0065, an opportunity exists for
12885  designation of a new enterprise zone, any county or
12886  municipality, or a county and one or more municipalities
12887  together, may apply to Jobs Florida the office for the
12888  designation of an area as an enterprise zone after completion of
12889  the following:
12890         (a) The adoption by the governing body or bodies of a
12891  resolution which:
12892         1. Finds that an area exists in such county or
12893  municipality, or in both the county and one or more
12894  municipalities, which chronically exhibits extreme and
12895  unacceptable levels of poverty, unemployment, physical
12896  deterioration, and economic disinvestment;
12897         2. Determines that the rehabilitation, conservation, or
12898  redevelopment, or a combination thereof, of such area is
12899  necessary in the interest of the public health, safety, and
12900  welfare of the residents of such county or municipality, or such
12901  county and one or more municipalities; and
12902         3. Determines that the revitalization of such area can
12903  occur only if the private sector can be induced to invest its
12904  own resources in productive enterprises that build or rebuild
12905  the economic viability of the area.
12906         (b) The creation of an enterprise zone development agency
12907  pursuant to s. 290.0056.
12908         (c) The creation and adoption of a strategic plan pursuant
12909  to s. 290.0057.
12910         (6)(a) Jobs Florida The office may approve a change in the
12911  boundary of any enterprise zone which was designated pursuant to
12912  s. 290.0065. A boundary change must continue to satisfy the
12913  requirements of subsections (3), (4), and (5).
12914         (b) Upon a recommendation by the enterprise zone
12915  development agency, the governing body of the jurisdiction which
12916  authorized the application for an enterprise zone may apply to
12917  Jobs Florida the Office for a change in boundary once every 3
12918  years by adopting a resolution that:
12919         1. States with particularity the reasons for the change;
12920  and
12921         2. Describes specifically and, to the extent required by
12922  Jobs Florida the office, the boundary change to be made.
12923         Section 202. Subsections (11) and (12) of section 290.0056,
12924  Florida Statutes, are amended to read:
12925         290.0056 Enterprise zone development agency.—
12926         (11) Prior to December 1 of each year, the agency shall
12927  submit to Jobs Florida the Office of Tourism, Trade, and
12928  Economic Development a complete and detailed written report
12929  setting forth:
12930         (a) Its operations and accomplishments during the fiscal
12931  year.
12932         (b) The accomplishments and progress concerning the
12933  implementation of the strategic plan or measurable goals, and
12934  any updates to the strategic plan or measurable goals.
12935         (c) The number and type of businesses assisted by the
12936  agency during the fiscal year.
12937         (d) The number of jobs created within the enterprise zone
12938  during the fiscal year.
12939         (e) The usage and revenue impact of state and local
12940  incentives granted during the calendar year.
12941         (f) Any other information required by Jobs Florida the
12942  office.
12943         (12) In the event that the nominated area selected by the
12944  governing body is not designated a state enterprise zone, the
12945  governing body may dissolve the agency after receiving
12946  notification from Jobs Florida the office that the area was not
12947  designated as an enterprise zone.
12948         Section 203. Subsections (2) and (4), paragraph (a) of
12949  subsection (6), and subsection (7) of section 290.0065, Florida
12950  Statutes, are amended to read:
12951         290.0065 State designation of enterprise zones.—
12952         (2) If, pursuant to subsection (4), Jobs Florida the office
12953  does not redesignate an enterprise zone, a governing body of a
12954  county or municipality or the governing bodies of a county and
12955  one or more municipalities jointly, pursuant to s. 290.0055, may
12956  apply for designation of an enterprise zone to take the place of
12957  the enterprise zone not redesignated and request designation of
12958  an enterprise zone. Jobs Florida the Office, in consultation
12959  with Enterprise Florida, Inc., shall determine which areas
12960  nominated by such governing bodies meet the criteria outlined in
12961  s. 290.0055 and are the most appropriate for designation as
12962  state enterprise zones. Each application made pursuant to s.
12963  290.0055 shall be ranked competitively based on the pervasive
12964  poverty, unemployment, and general distress of the area; the
12965  strategic plan, including local fiscal and regulatory
12966  incentives, prepared pursuant to s. 290.0057; and the prospects
12967  for new investment and economic development in the area.
12968  Pervasive poverty, unemployment, and general distress shall be
12969  weighted 35 percent; strategic plan and local fiscal and
12970  regulatory incentives shall be weighted 40 percent; and
12971  prospects for new investment and economic development in the
12972  area shall be weighted 25 percent.
12973         (4)(a) Notwithstanding s. 290.0055, Jobs Florida the office
12974  may redesignate any state enterprise zone having an effective
12975  date on or before January 1, 2005, as a state enterprise zone
12976  upon completion and submittal to the office by the governing
12977  body for an enterprise zone of the following:
12978         1. An updated zone profile for the enterprise zone based on
12979  the most recent census data that complies with s. 290.0055,
12980  except that pervasive poverty criteria may be set aside for
12981  rural enterprise zones.
12982         2. A resolution passed by the governing body for that
12983  enterprise zone requesting redesignation and explaining the
12984  reasons the conditions of the zone merit redesignation.
12985         3. Measurable goals for the enterprise zone developed by
12986  the enterprise zone development agency, which may be the goals
12987  established in the enterprise zone’s strategic plan.
12988  
12989  The governing body may also submit a request for a boundary
12990  change in an enterprise zone in the same application to Jobs
12991  Florida the office as long as the new area complies with the
12992  requirements of s. 290.0055, except that pervasive poverty
12993  criteria may be set aside for rural enterprise zones.
12994         (b) Jobs Florida In consultation with Enterprise Florida,
12995  Inc., the office shall, based on the enterprise zone profile and
12996  the grounds for redesignation expressed in the resolution,
12997  determine whether the enterprise zone merits redesignation. Jobs
12998  Florida the office may also examine and consider the following:
12999         1. Progress made, if any, in the enterprise zone’s
13000  strategic plan.
13001         2. Use of enterprise zone incentives during the life of the
13002  enterprise zone.
13003  
13004  If Jobs Florida the office determines that the enterprise zone
13005  merits redesignation, Jobs Florida the office shall notify the
13006  governing body in writing of its approval of redesignation.
13007         (c) If the enterprise zone is redesignated, Jobs Florida
13008  the office shall determine if the measurable goals submitted are
13009  reasonable. If Jobs Florida the office determines that the goals
13010  are reasonable, it the office shall notify the governing body in
13011  writing that the goals have been approved.
13012         (d) If Jobs Florida the office denies redesignation of an
13013  enterprise zone, it the Office shall notify the governing body
13014  in writing of the denial. Any county or municipality having
13015  jurisdiction over an area denied redesignation as a state
13016  enterprise zone pursuant to this subsection may not apply for
13017  designation of that area for 1 year following the date of
13018  denial.
13019         (6)(a) Jobs Florida the office, in consultation with
13020  Enterprise Florida, Inc., may develop guidelines necessary for
13021  the approval of areas under this section by the director.
13022         (7) Upon approval by Jobs Florida the director of a
13023  resolution authorizing an area to be an enterprise zone pursuant
13024  to this section, Jobs Florida the office shall assign a unique
13025  identifying number to that resolution. Jobs Florida the office
13026  shall provide the Department of Revenue and Enterprise Florida,
13027  Inc., with a copy of each resolution approved, together with its
13028  identifying number.
13029         Section 204. Subsection (1) of section 290.0066, Florida
13030  Statutes, is amended to read:
13031         290.0066 Revocation of enterprise zone designation.—
13032         (1) Jobs Florida The director may revoke the designation of
13033  an enterprise zone if Jobs Florida the director determines that
13034  the governing body or bodies:
13035         (a) Have failed to make progress in achieving the
13036  benchmarks set forth in the strategic plan or measurable goals;
13037  or
13038         (b) Have not complied substantially with the strategic plan
13039  or measurable goals.
13040         Section 205. Section 290.00710, Florida Statutes, is
13041  amended to read:
13042         290.00710 Enterprise zone designation for the City of
13043  Lakeland.—The City of Lakeland may apply to Jobs Florida the
13044  Office of Tourism, Trade, and Economic Development for
13045  designation of one enterprise zone for an area within the City
13046  of Lakeland, which zone shall encompass an area up to 10 square
13047  miles. The application must be submitted by December 31, 2005,
13048  and must comply with the requirements of s. 290.0055.
13049  Notwithstanding s. 290.0065, limiting the total number of
13050  enterprise zones designated and the number of enterprise zones
13051  within a population category, Jobs Florida the Office of
13052  Tourism, Trade, and Economic Development may designate one
13053  enterprise zone under this section. Jobs Florida The Office of
13054  Tourism, Trade, and Economic Development shall establish the
13055  initial effective date of the enterprise zone designated
13056  pursuant to this section.
13057         Section 206. Section 290.0072, Florida Statutes, is amended
13058  to read:
13059         290.0072 Enterprise zone designation for the City of Winter
13060  Haven.—The City of Winter Haven may apply to Jobs Florida the
13061  Office of Tourism, Trade, and Economic Development for
13062  designation of one enterprise zone for an area within the City
13063  of Winter Haven, which zone shall encompass an area up to 5
13064  square miles. Notwithstanding s. 290.0065 limiting the total
13065  number of enterprise zones designated and the number of
13066  enterprise zones within a population category, Jobs Florida the
13067  Office of Tourism, Trade, and Economic Development may designate
13068  one enterprise zone under this section. Jobs Florida The Office
13069  of Tourism, Trade, and Economic Development shall establish the
13070  initial effective date of the enterprise zone designated
13071  pursuant to this section.
13072         Section 207. Section 290.00725, Florida Statutes, is
13073  amended to read:
13074         290.00725 Enterprise zone designation for the City of
13075  Ocala.—The City of Ocala may apply to Jobs Florida the Office of
13076  Tourism, Trade, and Economic Development for designation of one
13077  enterprise zone for an area within the western portion of the
13078  city, which zone shall encompass an area up to 5 square miles.
13079  The application must be submitted by December 31, 2009, and must
13080  comply with the requirements of s. 290.0055. Notwithstanding s.
13081  290.0065 limiting the total number of enterprise zones
13082  designated and the number of enterprise zones within a
13083  population category, Jobs Florida the Office of Tourism, Trade,
13084  and Economic Development may designate one enterprise zone under
13085  this section. Jobs Florida The Office of Tourism, Trade, and
13086  Economic Development shall establish the initial effective date
13087  of the enterprise zone designated under this section.
13088         Section 208. Section 290.0073, Florida Statutes, is amended
13089  to read:
13090         290.0073 Enterprise zone designation for Indian River
13091  County, the City of Vero Beach, and the City of Sebastian.
13092  Indian River County, the City of Vero Beach, and the City of
13093  Sebastian may jointly apply to Jobs Florida the Office of
13094  Tourism, Trade, and Economic Development for designation of one
13095  enterprise zone encompassing an area not to exceed 10 square
13096  miles. The application must be submitted by December 31, 2005,
13097  and must comply with the requirements of s. 290.0055.
13098  Notwithstanding the provisions of s. 290.0065 limiting the total
13099  number of enterprise zones designated and the number of
13100  enterprise zones within a population category, Jobs Florida the
13101  Office of Tourism, Trade, and Economic Development may designate
13102  one enterprise zone under this section. Jobs Florida The Office
13103  of Tourism, Trade, and Economic Development shall establish the
13104  initial effective date of the enterprise zone designated
13105  pursuant to this section.
13106         Section 209. Section 290.0074, Florida Statutes, is amended
13107  to read:
13108         290.0074 Enterprise zone designation for Sumter County.
13109  Sumter County may apply to Jobs Florida the Office of Tourism,
13110  Trade, and Economic Development for designation of one
13111  enterprise zone encompassing an area not to exceed 10 square
13112  miles. The application must be submitted by December 31, 2005.
13113  Notwithstanding the provisions of s. 290.0065 limiting the total
13114  number of enterprise zones designated and the number of
13115  enterprise zones within a population category, Jobs Florida the
13116  Office of Tourism, Trade, and Economic Development may designate
13117  one enterprise zone under this section. Jobs Florida The Office
13118  of Tourism, Trade and Economic Development shall establish the
13119  initial effective date of the enterprise zone designated
13120  pursuant to this section.
13121         Section 210. Section 290.0077, Florida Statutes, is amended
13122  to read:
13123         290.0077 Enterprise zone designation for Orange County and
13124  the municipality of Apopka.—Orange County and the municipality
13125  of Apopka may jointly apply to Jobs Florida the Office of
13126  Tourism, Trade, and Economic Development for designation of one
13127  enterprise zone. The application must be submitted by December
13128  31, 2005, and must comply with the requirements of s. 290.0055.
13129  Notwithstanding the provisions of s. 290.0065 limiting the total
13130  number of enterprise zones designated and the number of
13131  enterprise zones within a population category, Jobs Florida the
13132  Office of Tourism, Trade, and Economic Development may designate
13133  one enterprise zone under this section. Jobs Florida The Office
13134  of Tourism, Trade, and Economic Development shall establish the
13135  initial effective date of the enterprise zone designated
13136  pursuant to this section.
13137         Section 211. Section 290.014, Florida Statutes, is amended
13138  to read:
13139         290.014 Annual reports on enterprise zones.—
13140         (1) By February 1 of each year, the Department of Revenue
13141  shall submit an annual report to Jobs Florida the Office of
13142  Tourism, Trade, and Economic Development detailing the usage and
13143  revenue impact by county of the state incentives listed in s.
13144  290.007.
13145         (2) By March 1 of each year, Jobs Florida the office shall
13146  submit an annual report to the Governor, the Speaker of the
13147  House of Representatives, and the President of the Senate. The
13148  report shall include the information provided by the Department
13149  of Revenue pursuant to subsection (1) and the information
13150  provided by enterprise zone development agencies pursuant to s.
13151  290.0056. In addition, the report shall include an analysis of
13152  the activities and accomplishments of each enterprise zone.
13153         Section 212. Subsections (3), (5), (8), (9), (10), and (11)
13154  of section 311.09, Florida Statutes, are amended to read:
13155         311.09 Florida Seaport Transportation and Economic
13156  Development Council.—
13157         (3) The council shall prepare a 5-year Florida Seaport
13158  Mission Plan defining the goals and objectives of the council
13159  concerning the development of port facilities and an intermodal
13160  transportation system consistent with the goals of the Florida
13161  Transportation Plan developed pursuant to s. 339.155. The
13162  Florida Seaport Mission Plan shall include specific
13163  recommendations for the construction of transportation
13164  facilities connecting any port to another transportation mode
13165  and for the efficient, cost-effective development of
13166  transportation facilities or port facilities for the purpose of
13167  enhancing international trade, promoting cargo flow, increasing
13168  cruise passenger movements, increasing port revenues, and
13169  providing economic benefits to the state. The council shall
13170  update the 5-year Florida Seaport Mission Plan annually and
13171  shall submit the plan no later than February 1 of each year to
13172  the President of the Senate,; the Speaker of the House of
13173  Representatives,; Jobs Florida, and the Office of Tourism,
13174  Trade, and Economic Development; the Department of
13175  Transportation; and the Department of Community Affairs. The
13176  council shall develop programs, based on an examination of
13177  existing programs in Florida and other states, for the training
13178  of minorities and secondary school students in job skills
13179  associated with employment opportunities in the maritime
13180  industry, and report on progress and recommendations for further
13181  action to the President of the Senate and the Speaker of the
13182  House of Representatives annually.
13183         (5) The council shall review and approve or disapprove each
13184  project eligible to be funded pursuant to the Florida Seaport
13185  Transportation and Economic Development Program. The council
13186  shall annually submit to the Secretary of Transportation and;
13187  the commissioner of Jobs Florida, or his or her designee,
13188  director of the Office of Tourism, Trade, and Economic
13189  Development; and the Secretary of Community Affairs a list of
13190  projects which have been approved by the council. The list shall
13191  specify the recommended funding level for each project; and, if
13192  staged implementation of the project is appropriate, the funding
13193  requirements for each stage shall be specified.
13194         (8) Jobs Florida The Office of Tourism, Trade, and Economic
13195  Development, in consultation with Enterprise Florida, Inc.,
13196  shall review the list of projects approved by the council to
13197  evaluate the economic benefit of the project and to determine
13198  whether the project is consistent with the Florida Seaport
13199  Mission Plan. Jobs Florida The Office of Tourism, Trade, and
13200  Economic Development shall review the economic benefits of each
13201  project based upon the rules adopted pursuant to subsection (4).
13202  Jobs Florida The Office of Tourism, Trade, and Economic
13203  Development shall identify those projects which it has
13204  determined do not offer an economic benefit to the state or are
13205  not consistent with the Florida Seaport Mission Plan and shall
13206  notify the council of its findings.
13207         (9) The council shall review the findings of Jobs Florida
13208  the Department of Community Affairs; the Office of Tourism,
13209  Trade, and Economic Development; and the Department of
13210  Transportation. Projects found to be inconsistent pursuant to
13211  subsections (6), (7), and (8) and projects which have been
13212  determined not to offer an economic benefit to the state
13213  pursuant to subsection (8) shall not be included in the list of
13214  projects to be funded.
13215         (10) The Department of Transportation shall include in its
13216  annual legislative budget request a Florida Seaport
13217  Transportation and Economic Development grant program for
13218  expenditure of funds of not less than $8 million per year. Such
13219  budget shall include funding for projects approved by the
13220  council which have been determined by each agency to be
13221  consistent and which have been determined by Jobs Florida the
13222  Office of Tourism, Trade, and Economic Development to be
13223  economically beneficial. The department shall include the
13224  specific approved seaport projects to be funded under this
13225  section during the ensuing fiscal year in the tentative work
13226  program developed pursuant to s. 339.135(4). The total amount of
13227  funding to be allocated to seaport projects under s. 311.07
13228  during the successive 4 fiscal years shall also be included in
13229  the tentative work program developed pursuant to s. 339.135(4).
13230  The council may submit to the department a list of approved
13231  projects that could be made production-ready within the next 2
13232  years. The list shall be submitted by the department as part of
13233  the needs and project list prepared pursuant to s.
13234  339.135(2)(b). However, the department shall, upon written
13235  request of the Florida Seaport Transportation and Economic
13236  Development Council, submit work program amendments pursuant to
13237  s. 339.135(7) to the Governor within 10 days after the later of
13238  the date the request is received by the department or the
13239  effective date of the amendment, termination, or closure of the
13240  applicable funding agreement between the department and the
13241  affected seaport, as required to release the funds from the
13242  existing commitment. Notwithstanding s. 339.135(7)(c), any work
13243  program amendment to transfer prior year funds from one approved
13244  seaport project to another seaport project is subject to the
13245  procedures in s. 339.135(7)(d). Notwithstanding any provision of
13246  law to the contrary, the department may transfer unexpended
13247  budget between the seaport projects as identified in the
13248  approved work program amendments.
13249         (11) The council shall meet at the call of its chairperson,
13250  at the request of a majority of its membership, or at such times
13251  as may be prescribed in its bylaws. However, the council must
13252  meet at least semiannually. A majority of voting members of the
13253  council constitutes a quorum for the purpose of transacting the
13254  business of the council. All members of the council are voting
13255  members. A vote of the majority of the voting members present is
13256  sufficient for any action of the council, except that a member
13257  representing the Department of Transportation, the Department of
13258  Community Affairs, or Jobs Florida the Office of Tourism, Trade,
13259  and Economic Development may vote to overrule any action of the
13260  council approving a project pursuant to subsection (5). The
13261  bylaws of the council may require a greater vote for a
13262  particular action.
13263         Section 213. Section 311.11, Florida Statutes, is amended
13264  to read:
13265         311.11 Seaport Employment Training Grant Program.—
13266         (1) Jobs Florida The Office of Tourism, Trade, and Economic
13267  Development, in cooperation with the Florida Seaport
13268  Transportation and Economic Development Council, shall establish
13269  a Seaport Employment Training Grant Program within Jobs Florida
13270  the Office. Jobs Florida the office shall grant funds
13271  appropriated by the Legislature to the program for the purpose
13272  of stimulating and supporting seaport training and employment
13273  programs which will seek to match state and local training
13274  programs with identified job skills associated with employment
13275  opportunities in the port, maritime, and transportation
13276  industries, and for the purpose of providing such other
13277  training, educational, and information services as required to
13278  stimulate jobs in the described industries. Funds may be used
13279  for the purchase of equipment to be used for training purposes,
13280  hiring instructors, and any other purpose associated with the
13281  training program. The office’s contribution of Jobs Florida to
13282  any specific training program may not exceed 50 percent of the
13283  total cost of the program. Matching contributions may include
13284  services in kind, including, but not limited to, training
13285  instructors, equipment usage, and training facilities.
13286         (2) Jobs Florida The Office shall adopt criteria to
13287  implement this section.
13288         Section 214. Paragraphs (i) and (l) of subsection (1) of
13289  section 311.115, Florida Statutes, are amended to read:
13290         311.115 Seaport Security Standards Advisory Council.—The
13291  Seaport Security Standards Advisory Council is created under the
13292  Office of Drug Control. The council shall serve as an advisory
13293  council as provided in s. 20.03(7).
13294         (1) The members of the council shall be appointed by the
13295  Governor and consist of the following:
13296         (i) One representative of Jobs Florida member from the
13297  Office of Tourism, Trade, and Economic Development.
13298         (l) The Director of the Office Division of Emergency
13299  Management, or his or her designee.
13300         Section 215. Subsection (2) of section 311.22, Florida
13301  Statutes, is amended to read:
13302         311.22 Additional authorization for funding certain
13303  dredging projects.—
13304         (2) The council shall adopt rules for evaluating the
13305  projects that may be funded pursuant to this section. The rules
13306  must provide criteria for evaluating the economic benefit of the
13307  project. The rules must include the creation of an
13308  administrative review process by the council which is similar to
13309  the process described in s. 311.09(5)-(12), and provide for a
13310  review by the Department of Community Affairs, the Department of
13311  Transportation, and Jobs Florida the Office of Tourism, Trade,
13312  and Economic Development of all projects submitted for funding
13313  under this section.
13314         Section 216. Paragraph (a) of subsection (6), paragraph (b)
13315  of subsection (9), subsection (60), and paragraph (b) of
13316  subsection (65) of section 320.08058, Florida Statutes, are
13317  amended to read:
13318         320.08058 Specialty license plates.—
13319         (6) FLORIDA UNITED STATES OLYMPIC COMMITTEE LICENSE
13320  PLATES.—
13321         (a) Because the United States Olympic Committee has
13322  selected this state to participate in a combined fundraising
13323  program that provides for one-half of all money raised through
13324  volunteer giving to stay in this state and be administered by
13325  the Jobs Florida Partnership, Inc., direct-support organization
13326  established under s. 288.1229 to support amateur sports, and
13327  because the United States Olympic Committee and the Jobs Florida
13328  Partnership, Inc., direct-support organization are nonprofit
13329  organizations dedicated to providing athletes with support and
13330  training and preparing athletes of all ages and skill levels for
13331  sports competition, and because the Jobs Florida Partnership,
13332  Inc., direct-support organization assists in the bidding for
13333  sports competitions that provide significant impact to the
13334  economy of this state, and the Legislature supports the efforts
13335  of the United States Olympic Committee and the Jobs Florida
13336  Partnership, Inc. direct-support organization, the Legislature
13337  establishes a Florida United States Olympic Committee license
13338  plate for the purpose of providing a continuous funding source
13339  to support this worthwhile effort. Florida United States Olympic
13340  Committee license plates must contain the official United States
13341  Olympic Committee logo and must bear a design and colors that
13342  are approved by the department. The word “Florida” must be
13343  centered at the top of the plate.
13344         (9) FLORIDA PROFESSIONAL SPORTS TEAM LICENSE PLATES.—
13345         (b) The license plate annual use fees are to be annually
13346  distributed as follows:
13347         1. Fifty-five percent of the proceeds from the Florida
13348  Professional Sports Team plate must be deposited into the
13349  Professional Sports Development Trust Fund within Jobs Florida
13350  the Office of Tourism, Trade, and Economic Development. These
13351  funds must be used solely to attract and support major sports
13352  events in this state. As used in this subparagraph, the term
13353  “major sports events” means, but is not limited to, championship
13354  or all-star contests of Major League Baseball, the National
13355  Basketball Association, the National Football League, the
13356  National Hockey League, the men’s and women’s National
13357  Collegiate Athletic Association Final Four basketball
13358  championship, or a horseracing or dogracing Breeders’ Cup. All
13359  funds must be used to support and promote major sporting events,
13360  and the uses must be approved by the Florida Sports Foundation.
13361         2. The remaining proceeds of the Florida Professional
13362  Sports Team license plate must be allocated to the Jobs Florida
13363  Partnership, Inc Florida Sports Foundation, a direct-support
13364  organization of the Office of Tourism, Trade, and Economic
13365  Development. These funds must be deposited into the Professional
13366  Sports Development Trust Fund within Jobs Florida the Office of
13367  Tourism, Trade, and Economic Development. These funds must be
13368  used by the Jobs Florida Partnership, Inc., Florida Sports
13369  Foundation to promote the economic development of the sports
13370  industry; to distribute licensing and royalty fees to
13371  participating professional sports teams; to promote education
13372  programs in Florida schools that provide an awareness of the
13373  benefits of physical activity and nutrition standards; to
13374  partner with the Department of Education and the Department of
13375  Health to develop a program that recognizes schools whose
13376  students demonstrate excellent physical fitness or fitness
13377  improvement; to institute a grant program for communities
13378  bidding on minor sporting events that create an economic impact
13379  for the state; to distribute funds to Florida-based charities
13380  designated by the Jobs Florida Partnership, Inc., Florida Sports
13381  Foundation and the participating professional sports teams; and
13382  to fulfill the sports promotion responsibilities of Jobs Florida
13383  the Office of Tourism, Trade, and Economic Development.
13384         3. The Jobs Florida Partnership, Inc., Florida Sports
13385  Foundation shall provide an annual financial audit in accordance
13386  with s. 215.981 of its financial accounts and records by an
13387  independent certified public accountant pursuant to the contract
13388  established by Jobs Florida the Office of Tourism, Trade, and
13389  Economic Development as specified in s. 288.1229(5). The auditor
13390  shall submit the audit report to Jobs Florida the Office of
13391  Tourism, Trade, and Economic Development for review and
13392  approval. If the audit report is approved, Jobs Florida the
13393  office shall certify the audit report to the Auditor General for
13394  review.
13395         4. Notwithstanding the provisions of subparagraphs 1. and
13396  2., proceeds from the Professional Sports Development Trust Fund
13397  may also be used for operational expenses of the Jobs Florida
13398  Partnership, Inc., Florida Sports Foundation and financial
13399  support of the Sunshine State Games.
13400         (60) FLORIDA NASCAR LICENSE PLATES.—
13401         (a) The department shall develop a Florida NASCAR license
13402  plate as provided in this section. Florida NASCAR license plates
13403  must bear the colors and design approved by the department. The
13404  word “Florida” must appear at the top of the plate, and the term
13405  “NASCAR” must appear at the bottom of the plate. The National
13406  Association for Stock Car Auto Racing, following consultation
13407  with the Jobs Florida Partnership, Inc. Florida Sports
13408  Foundation, may submit a sample plate for consideration by the
13409  department.
13410         (b) The license plate annual use fees shall be distributed
13411  to the Jobs Florida Partnership, Inc. Florida Sports Foundation,
13412  a direct-support organization of the Office of Tourism, Trade,
13413  and Economic Development. The license plate annual use fees
13414  shall be annually allocated as follows:
13415         1. Up to 5 percent of the proceeds from the annual use fees
13416  may be used by the Jobs Florida Partnership, Inc., Florida
13417  Sports Foundation for the administration of the NASCAR license
13418  plate program.
13419         2. The National Association for Stock Car Auto Racing shall
13420  receive up to $60,000 in proceeds from the annual use fees to be
13421  used to pay startup costs, including costs incurred in
13422  developing and issuing the plates. Thereafter, 10 percent of the
13423  proceeds from the annual use fees shall be provided to the
13424  association for the royalty rights for the use of its marks.
13425         3. The remaining proceeds from the annual use fees shall be
13426  distributed to the Jobs Florida Partnership, Inc Florida Sports
13427  Foundation. The Jobs Florida Partnership, Inc., Florida Sports
13428  Foundation will retain 15 percent to support its regional grant
13429  program, attracting sporting events to Florida; 20 percent to
13430  support the marketing of motorsports-related tourism in the
13431  state; and 50 percent to be paid to the NASCAR Foundation, a s.
13432  501(c)(3) charitable organization, to support Florida-based
13433  charitable organizations.
13434         (c) The Jobs Florida Partnership, Inc., Florida Sports
13435  Foundation shall provide an annual financial audit in accordance
13436  with s. 215.981 of its financial accounts and records by an
13437  independent certified public accountant pursuant to the contract
13438  established by Jobs Florida the Office of Tourism, Trade, and
13439  Economic Development as specified in s. 288.1229(5). The auditor
13440  shall submit the audit report to Jobs Florida the Office of
13441  Tourism, Trade, and Economic Development for review and
13442  approval. If the audit report is approved, Jobs Florida the
13443  office shall certify the audit report to the Auditor General for
13444  review.
13445         (65) FLORIDA TENNIS LICENSE PLATES.—
13446         (b) The department shall distribute the annual use fees to
13447  the Jobs Florida Partnership, Inc Florida Sports Foundation, a
13448  direct-support organization of the Office of Tourism, Trade, and
13449  Economic Development. The license plate annual use fees shall be
13450  annually allocated as follows:
13451         1. Up to 5 percent of the proceeds from the annual use fees
13452  may be used by the Jobs Florida Partnership, Inc., Florida
13453  Sports Foundation to administer the license plate program.
13454         2. The United States Tennis Association Florida Section
13455  Foundation shall receive the first $60,000 in proceeds from the
13456  annual use fees to reimburse it for startup costs,
13457  administrative costs, and other costs it incurs in the
13458  development and approval process.
13459         3. Up to 5 percent of the proceeds from the annual use fees
13460  may be used for promoting and marketing the license plates. The
13461  remaining proceeds shall be available for grants by the United
13462  States Tennis Association Florida Section Foundation to
13463  nonprofit organizations to operate youth tennis programs and
13464  adaptive tennis programs for special populations of all ages,
13465  and for building, renovating, and maintaining public tennis
13466  courts.
13467         Section 217. Section 331.302, Florida Statutes, is amended
13468  to read:
13469         331.302 Space Florida; creation; purpose.—
13470         (1) There is established, formed, and created Space
13471  Florida, which is created as an independent special district, a
13472  body politic and corporate, and a subdivision of the state, to
13473  foster the growth and development of a sustainable and world
13474  leading aerospace industry in this state. Space Florida shall
13475  promote aerospace business development by facilitating business
13476  financing, spaceport operations, research and development,
13477  workforce development, and innovative education programs. Space
13478  Florida has all the powers, rights, privileges, and authority as
13479  provided in this chapter under the laws of this state.
13480         (2) In carrying out its duties and responsibilities, Space
13481  Florida shall advise, coordinate, cooperate, and, when
13482  necessary, enter into memoranda of agreement with
13483  municipalities, counties, regional authorities, state agencies
13484  and organizations, appropriate federal agencies and
13485  organizations, and other interested persons and groups.
13486         (3) Space Florida shall be administratively housed within
13487  the Jobs Florida Partnership, Inc. Space Florida may not endorse
13488  any candidate for any elected public office or contribute money
13489  to the campaign of any candidate for public office.
13490         (4) Space Florida is not an agency as defined in ss.
13491  216.011 and 287.012.
13492         (5) Space Florida is subject to applicable provisions of
13493  chapter 189. To the extent that any provisions of chapter 189
13494  conflict with this act, this act shall prevail.
13495         (6)Space Florida may not endorse any candidate for any
13496  elected public office or contribute money to the campaign of any
13497  candidate for public office.
13498         Section 218. Section 331.3081, Florida Statutes, is amended
13499  to read:
13500         (Substantial rewording of section. See
13501         s. 331.3081, F.S., for present text.)
13502         331.3081Board of Directors; advisory board.—
13503         (1) Space Florida shall be governed by the 11-member board
13504  of directors of the Jobs Florida Partnership, Inc., created in
13505  s. 288.901(4).
13506         (2) Space Florida shall have a 15-member advisory council,
13507  appointed by the Governor from a list of nominations submitted
13508  by the board of directors. The advisory council shall be
13509  comprised of Florida residents with expertise in the space
13510  industry, and each of the following areas of expertise or
13511  experience must be represented by at least one advisory council
13512  member: human space-flight programs, commercial launches into
13513  space, organized labor with experience working in the aerospace
13514  industry, aerospace-related industries, a commercial company
13515  working under Federal Government contracts to conduct space
13516  related business, an aerospace company whose primary client is
13517  the United States Department of Defense, and an alternative
13518  energy enterprise with potential for aerospace applications. The
13519  advisory council shall elect a member to serve as the chair of
13520  the council.
13521         (3) The advisory council shall make recommendations to the
13522  partnership’s board of directors on the operation of Space
13523  Florida, including matters pertaining to ways to improve or
13524  enhance Florida’s efforts to expand its existing space and
13525  aerospace industry, to improve management and use of Florida’s
13526  state-owned real property assets related to space and aerospace,
13527  how best to retain and, if necessary, retrain Florida’s highly
13528  skilled space and aerospace workforce, and how to strengthen
13529  bonds between this state, NASA, the Department of Defense, and
13530  private space and aerospace industries.
13531         (4) The term for an advisory council member is 4 years. A
13532  member may not serve more than two consecutive terms. The
13533  Governor may remove any member for cause and shall fill all
13534  vacancies that occur.
13535         (5) Advisory council members shall serve without
13536  compensation, but may be reimbursed for all reasonable,
13537  necessary, and actual expenses, as determined by the
13538  partnership’s board of directors.
13539         Section 219. Subsections (2), (4), and (5) of section
13540  331.369, Florida Statutes, are amended to read:
13541         331.369 Space Industry Workforce Initiative.—
13542         (2) Workforce Florida The Workforce Development Board of
13543  Enterprise Florida, Inc., or its successor entity, shall
13544  coordinate development of a Space Industry Workforce Initiative
13545  in partnership with Space Florida, public and private
13546  universities, community colleges, and other training providers
13547  approved by the board. The purpose of the initiative is to use
13548  or revise existing programs and to develop innovative new
13549  programs to address the workforce needs of the aerospace
13550  industry.
13551         (4) Workforce Florida The Workforce Development Board of
13552  Enterprise Florida, Inc., or its successor entity, with the
13553  assistance of Space Florida, shall convene representatives from
13554  the aerospace industry to identify the priority training and
13555  education needs of the industry and to appoint a team to design
13556  programs to meet the priority needs.
13557         (5) Workforce Florida The Workforce Development Board of
13558  Enterprise Florida, Inc., or its successor entity, as part of
13559  its statutorily prescribed annual report to the Legislature,
13560  shall provide recommendations for policies, programs, and
13561  funding to enhance the workforce needs of the aerospace
13562  industry.
13563         Section 220. Paragraph (f) of subsection (1) of section
13564  339.08, Florida Statutes, is amended to read:
13565         339.08 Use of moneys in State Transportation Trust Fund.—
13566         (1) The department shall expend moneys in the State
13567  Transportation Trust Fund accruing to the department, in
13568  accordance with its annual budget. The use of such moneys shall
13569  be restricted to the following purposes:
13570         (f) To pay the cost of economic development transportation
13571  projects in accordance with s. 288.063.
13572         Section 221. Paragraph (f) of subsection (4) and paragraph
13573  (g) of subsection (7) of section 339.135, Florida Statutes, are
13574  amended to read:
13575         339.135 Work program; legislative budget request;
13576  definitions; preparation, adoption, execution, and amendment.—
13577         (4) FUNDING AND DEVELOPING A TENTATIVE WORK PROGRAM.—
13578         (f) The central office shall submit a preliminary copy of
13579  the tentative work program to the Executive Office of the
13580  Governor, the legislative appropriations committees, the Florida
13581  Transportation Commission, and Jobs Florida the Department of
13582  Community Affairs at least 14 days prior to the convening of the
13583  regular legislative session. Prior to the statewide public
13584  hearing required by paragraph (g), Jobs Florida the Department
13585  of Community Affairs shall transmit to the Florida
13586  Transportation Commission a list of those projects and project
13587  phases contained in the tentative work program which are
13588  identified as being inconsistent with approved local government
13589  comprehensive plans. For urbanized areas of metropolitan
13590  planning organizations, the list may not contain any project or
13591  project phase that is scheduled in a transportation improvement
13592  program unless such inconsistency has been previously reported
13593  to the affected metropolitan planning organization.
13594         (7) AMENDMENT OF THE ADOPTED WORK PROGRAM.—
13595         (g) Notwithstanding the requirements in paragraphs (d) and
13596  (g) and ss. 216.177(2) and 216.351, the secretary may request
13597  the Executive Office of the Governor to amend the adopted work
13598  program when an emergency exists, as defined in s. 252.34(3),
13599  and the emergency relates to the repair or rehabilitation of any
13600  state transportation facility. The Executive Office of the
13601  Governor may approve the amendment to the adopted work program
13602  and amend that portion of the department’s approved budget if a
13603  in the event that the delay incident to the notification
13604  requirements in paragraph (d) would be detrimental to the
13605  interests of the state. However, the department shall
13606  immediately notify the parties specified in paragraph (d) and
13607  shall provide such parties written justification for the
13608  emergency action within 7 days after of the approval by the
13609  Executive Office of the Governor of the amendment to the adopted
13610  work program and the department’s budget. In no event may The
13611  adopted work program may not be amended under the provisions of
13612  this subsection without the certification by the comptroller of
13613  the department that there are sufficient funds available
13614  pursuant to the 36-month cash forecast and applicable statutes.
13615         Section 222. Subsection (2) of section 36